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(영문) 광주지방법원 순천지원 2016.10.06 2016고단810
재물손괴
Text

A defendant shall be punished by imprisonment for not more than ten 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. At around 04:30 on January 1, 2016, the Defendant committed the crime against the victim B, at the D cafeteria’s D cafeteria’s parking lot located at the entrance of the restaurant without any reason, under the influence of alcohol, destroyed KRW 100,00 of the repair cost by cutting down the 856,578 of the back left glass and the rear glass window of the E Lastren’s vehicle parked at that place, which is the victim’s ownership.

2. The Defendant, at the time and place set forth in the above paragraph (1), laid the stone with stone on the floor, and laid down the front and rear glass of the GNF vehicle, which is owned by the victim, and damaged the repair cost to cover KRW 1,560,606.

3. The Defendant committed the crime against the victim H at around 04:50 on the same day as the above paragraph (1) of the same paragraph, and at around 04:50 on the day of the instant case, the Defendant damaged the victim’s disease in front of the repair cost of KRW 1,774,00 by walking the entrance several times, thereby damaging the repair cost of KRW 1,774,00. The Defendant damaged the victim’s knife and knife in front of the repair cost of KRW 7,53,940, which is the victim’s possession of the knife and knife inside the store.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police made to H, B, and F;

1. Type of the suspect, field photographs, etc.;

1. Photographs of damaged vehicles;

1. Receipts:

1. Application of each written estimate statutes;

1. Relevant Article 366 of the Criminal Act and the choice of punishment concerning the facts constituting an offense, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is the scale of damage of this case, details of the defendant's act, etc. disadvantageous to the defendant.

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