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Reasons
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(영문) 울산지방법원 2019.07.19 2019고단906
특수재물손괴
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A defendant shall be punished by imprisonment for six 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

From August 2018 to February 2019, the Defendant was notified by the victim B (V, 56 years of age) due to the excessive gathering of the Defendant around February 15, 2019.

On February 16, 2019, the victim returned gifts received from the defendant to the defendant and returned to the house of the victim in Ulsan-gun, Ulsan-gun, U.S., U.S.A., while searching for the defendant's house located in Ulsan-gun, U.S., U.S.A. at around 13:25.

On February 16, 2019, at around 13:45, the Defendant: (a) was notified by the victim in front of the house of the said victim; (b) laid a stone, which is a dangerous object on the floor, and was parked in the above place, string off the glass window for the EpD car owned by the victim, which was parked in the above place; and (c) was accompanied by a studio in the hands following a year.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written statement;

1. Each report on investigation;

1. 112Report settlement statement;

1. Application of statutes on field photographs;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of punishment. Article 366 of the Criminal Act;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The crime of this case on the grounds of sentencing in Article 62-2 of the Criminal Act on probation and order to attend the course of education is a dangerous act of crime and appearance, and the crime of this case is not good in light of the nature and circumstances at the time of the crime. It appears that the victim was exposed to considerable fear and mental shock due to the crime of this case, and that the victim was exposed to considerable fear and mental shock.

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