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(영문) 의정부지방법원 고양지원 2018.10.05 2018고단1886
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Damage to special property;

A. On July 10, 2018, the Defendant, at the front parking lot located in C on July 10, 2018, 200: (a) the victim E and her husband, and he/she was aware of his/her desire from the above F while he/she was in dispute with F and money problems; (b) the Defendant, which is a dangerous object of the Defendant’s truck parked in the parking lot, 89cm in length (89cm in length).

In addition, it has damaged the repair cost of KRW 4,164,540 by shouldering the front glass, driving seat glass, and the rear glass of the driver's seat, which is owned by the above victim at the parking lot.

B. On July 10, 2018, the Defendant continued to destroy the second damage at the same place as above. A. Using the piracy, the Defendant reported 112 by the victim about the act of destroying a port, and subsequently sent to the police, the Defendant, who would not get a chemical back, using the aforementioned piracy, which is a dangerous object possessed by the victim, the victim’s possession at that place, the Defendant destroyed the Defendant’s repair cost of KRW 1,578,458 at the front, the front, the front, the front, the front, and the front, the driver’s seat back Crick glass, which is the victim’s ownership.

2. The Defendant, at the time, at the time, and at the places described in the above 1-A-mentioned paragraph, spits spits and spits the face of the above victim F, while having been in dispute with E, the victim F and Sinbs as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Application of the statutes on photographs of each damaged vehicle and written estimate;

1. Relevant provisions of the Criminal Act and Articles 369(1) and 366 of the Criminal Act concerning the facts constituting a crime (the point of destroying special property, the choice of imprisonment with prison labor), and Article 260(1) of the Criminal Act (the point of assault and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of one crime (damage and destruction) according to the sentencing criteria;

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