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(영문) 광주지방법원 순천지원 2016.07.13 2016고단323
특수재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

A victim B is a person who operates a D cafeteria located in the Southern-gun C, and the defendant is a person in an internal relationship with E who works in the above D cafeteria as an employee.

Defendant 1 heard from E the horses that kid by frequent outing from the said damage, and raised a fluor or the victim with a view to advertising.

Around 14:00 on January 18, 2016, the Defendant sought the victim for the foregoing reasons, and requested to charge the mobile phone and damaged it by making a hacker (38 cm in length) with a hacker, which is a dangerous object on the Defendant’s vehicle, and by cutting off the table table in the above D restaurant owned by the victim with a hacker (38 cm in length).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B and F;

1. Application of the Acts and subordinate statutes to the deceased, fluor photograph, and victim photograph;

1. Relevant Article 369 of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Act [the types] [the reasons for sentencing] under Article 62-2 of the Criminal Act, and the reasons for habitually and repeatedly, repeated crimes, and special damage [the special sentencing factors] [the elements for mitigation] of punishment: the mitigated area [the scope of recommendation] [the scope of recommendation] April to October / [the decision of sentencing] again commits the instant crime despite the fact that the defendant had the same power, etc., at a disadvantage or unfavorable circumstances, such as the defendant's confession and rebuttal, the fact that the defendant made a confession, reflects the damage, the fact that the damage was not serious, the damage was not significantly agreed with the victim, the defendant's age, sexual behavior, and the circumstances after the crime, etc., the sentence shall be determined as ordered in consideration of the sentencing conditions as shown in the records.

Rejection of Public Prosecution

1. Summary of the facts charged

A. The victim of the crime against the victim B is a person operating a D cafeteria located in Southern-gun C, and the defendant is the above D cafeteria.

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