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(영문) 인천지방법원 2013.11.25 2013고단6569
재물손괴
Text

A defendant shall be punished by imprisonment for six 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

While under the influence of alcohol, the Defendant destroyed another’s property by impairing its utility by spreading a total of 21 vehicles or ozones in front of the driver’s seat in the 21st vehicle or the upper part of the 21st vehicle, as indicated in the attached crime list, such as dusting of the Fspon frame on the front of the driver’s seat of the Fspon vehicle owned by the victim E, parked from around 03:10 on May 3, 2013 to around 06:0 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement;

1. Seizure records;

1. Application of each written estimate and each photographic statute;

1. Relevant legal provisions concerning criminal facts: Article 366 of the Criminal Act. Article 366 (Each Damage to Property and Selection of Imprisonment);

1. Mitigation of mental disorders: Articles 10 (2) and 55 (1) 3 of the Criminal Act;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (including the fact that the defendant both recognized the facts charged and is against the depth of the charges, the fact that the defendant committed contingently by drinking alcohol, the fact that there is no same kind and serious criminal record, the victim G, and H do not want the punishment of the defendant, the fact that the problem arises from the problem of solving by civil litigation between the insurance company and the insurance company, the economic situation of the defendant, circumstances of the crime, etc.);

1. Community service order: Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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