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(영문) 수원지방법원 여주지원 2016.08.03 2016고단469
특수재물손괴등
Text

A defendant shall be punished by imprisonment for six 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

1. Damage to special property;

A. On February 1, 2016, the Defendant destroyed five copies of the glass windows, including: (a) the Defendant, at around 23:00 on February 1, 2016, by using a new gun in front of the Defendant’s container; (b) launching a dangerous constitutional object (8m in diameter) toward the victim B’s residence; and (c) destroying a hole on the beer glass window on the market price of the victim’s ownership until February 13, 2016.

B. On February 12, 2016, the Defendant, at around 21:00, destroyed a glass door equivalent to 300,000 won in the market price owned by the victim by launching a hacks chain (8m in diameter), which is a dangerous object by using a new gun, without any special reason, at the same place as indicated in the above 1-A, at the same time as the victim’s paragraph (a).

2. On February 14, 2016, at around 22:30 on February 14, 2016, the Defendant: (a) launched 쇠s (8m in diameter) which are dangerous articles by using a new gun, without any special reason, at the same place as indicated in the above 1-A, to the residence of the said victim B; (b) however, the Defendant did not commit an attempted crime because of the lack of a Vietnam glass window.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D and B;

1. E statements;

1. Seizure records;

1. Application of Acts and subordinate statutes to field photographs, photographs attached, and photographs of seized articles;

1. Relevant provisions of the Criminal Act and Articles 369 (1), 366 of the Criminal Act concerning the facts constituting an offense, and Articles 371, 369 (1), and 366 of the Criminal Act concerning the choice of punishment (a attempted crime of destruction of special property);

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

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

1. The community service order under Article 62-2 of the Criminal Act;

1. One type of crime for the reason of sentencing under Article 48(1) of the Criminal Act for confiscation (the scope of recommendations) (the scope of punishment) habitually, repeated crimes, and special damage (Habitual, repeated crimes, special damage, etc.).

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