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(영문) 대구지방법원 상주지원 2016.09.27 2016고단237
특수재물손괴
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On May 2, 2016, around 09:00 on May 2, 2016, the Defendant: (a) unloaded back the white fluor of the passenger car volume (F) parked by the victim E from the road in front of the “D” located in Dong-si around 09:00 to each item (5cm in width, 73cm in length, 5cm in thickness) dangerous objects without any special reason; and (b) damaged the repair cost to exceed KRW 805,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of a report on internal investigation (Evidence 2) and a written estimate;

1. Relevant Article 369 of the Criminal Act; Articles 369 (1) and 366 of the Criminal Act; the choice of imprisonment for a crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Type 1 (Habitual, repeated crimes, special damage, etc.) (Scope of recommending punishment) (Scope of punishment) (Scope of recommending punishment), from 8 months to 1 year and 6 months (basic area) of the sentencing criteria shall be applied.

2. Determination of sentence of this case that the damage from the crime of this case has not been restored is disadvantageous to the defendant, the fact that the defendant recognizes the crime and reflects the depth thereof, and other conditions of sentencing, such as the defendant's health status, home circumstances and criminal records, shall be determined like the order.

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