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(영문) 수원지방법원 2015.07.22 2015고단2290
재물손괴
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a person who resides in a building in Suwon-si C.

The manager E of the building adjacent to the above building in which the defendant is living in, the victim E sets up two signs of prohibition of parking and fire extinguishing in front of the parking lot so that the ground of the sewage equipment is likely to be weakly damaged and collapsed, so that parking can not be carried out before the construction.

On May 21, 2015, at around 16:18, the Defendant damaged the D Building parking lot in the above D Building, which caused garbage to the breath parking lot, and caused noise to the violation of the Parking Lot Act. As above, the Defendant destroyed the 20,000 won of the market price where the victim was installed to prevent the vehicle parking, and the 20,000 won of the market price, which caused the sign of prohibition of parking equivalent to the 20,000 won of the market price. On the same day, at around 16:57 on the same day, the Defendant damaged it by cutting one of the 20,000 won of the market price at the same place.

Summary of Evidence

1. Legal statement of witness E;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes concerning damaged articles, field photographs, CCTV-cape photographs and video CDs;

1. Relevant Article 366 of the Criminal Act and the choice of imprisonment with prison labor for the crime;

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

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence may have a number of records of punishment for crimes, such as violence, obstruction of performance of special duties, obstruction of performance of official duties, and obstruction of performance of official duties, etc., and the defendant was under several recommendations at the time of committing the crime, such as the crime of obstruction of official duties by deceptive scheme, and the crime of insult. Nevertheless, the defendant is not well aware of the fact that the defendant committed the crime of this case against neighboring victims without being able to do so, and the value of the damaged things is not large, and the victim was under the preference of the defendant, etc., taking into account other circumstances, such as

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