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(영문) 창원지방법원 통영지원 2017.12.07 2017고단1272
특수재물손괴
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:30 on March 22, 2017, the Defendant: (a) was a person who congested with the victim B (49) and the victim did not move without his own phone; (b) was found to have been drunk in the residence of the victim in macro-city C on March 22, 2017; and (c) opened a door; (d) however, the victim collected five studs of drinking scale, which is a dangerous thing in the blae, that does not open the door, and destroyed three string glass, four string glass, four string glass, and four strings owned by the victim; and (e) destroyed one string.

Accordingly, the defendant carried dangerous articles and damaged the victim's property amounting to KRW 1,370,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each report on investigation;

1. A photograph of the damaged scene;

1. Application of the written estimate statutes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] is habitually mitigated, repeated crimes, and special damage (Habitual, repeated crimes, special damage, etc.) is considerably recovered in the mitigation area ( April to October), the mitigation area (including special mitigation persons), the punishment not for the punishment (including serious efforts to recover damage), or significant damage is recovered;

2. Determination of sentence of this case recognizes the Defendant to commit the crime of this case, the Defendant has agreed with the victim, there is no record of criminal punishment exceeding the fine, and other factors of sentencing, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc., shall be determined as the sentence of this case.

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