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(영문) 창원지방법원 2016.05.04 2016고단216
특수재물손괴
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 02:45 on January 25, 2016, 2016, damaged the “F” operated by the victim E on the first floor of the D Building in Kimhae-si, Kim Jong-si, on the ground that the cell phone sales store in the past was in charge of the mobile phone sales store and the considerable voice file was deleted, and thus, the damage was incurred as incidental to the network (30cm in length) that is a dangerous object prepared in advance, was bad.

From the same date to January 31, 2016, the Defendant carried all dangerous objects at least six times, such as the list of crimes in attached Form 1,460,00 won, and damaged the victims’ property equivalent to the total market value of KRW 11,460,00.

On December 5, 2015, the Defendant damaged the victim’s market price of KRW 1,880,000, which is a dangerous object under the influence of alcohol (43 cm in length) with the “I” operated by the victim H in Kimhae-si G from around 00:30 to around 00:50, the Defendant damaged the victim’s market price of KRW 1,880,000 by taking advantage of alcohol (43 cm in length).

Summary of Evidence

"2016 Highest 216"

1. Statement by the defendant in court;

1. Each police statement made to E and J;

1. A written statement of E, K, and L;

1. A protocol of seizure and a list of seizure;

1. A photograph of the damaged scene and on-site photograph "2016 Highest 342";

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A investigation report (a written estimate attached to a I border point);

1. Application of Acts and subordinate statutes to the scene of damage and photographs of seized articles;

1. Relevant Articles 369(1) and 366 of the Criminal Act concerning the facts constituting a crime, the choice of punishment, and the choice of imprisonment for each of them;

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. As to each crime on the grounds of sentencing on Article 32(1)3 and (2) and Article 25(3)3 (the scope of Defendant’s liability for compensation is not clear) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation, etc. [the scope of recommending punishment].

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