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(영문) 대구지방법원 2020.09.09 2020고단2726
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

On February 24, 2020, at around 06:30, the Defendant: (a) sealed the said car by using a strings (kh or hacks) and a hacks (kacks) in the parking lot of the building where the victim C was living in Sinsan City B; and (b) on the ground that the victim hedgingd with the Defendant does not reach the contact while avoiding contact with the Defendant, the Defendant destroyed the said car by means of grings (kacks or hacks).

At around 05:20 on February 26, 2020, the Defendant continued to destroy a flive car with the front unit of the flive passenger car on the ground of the foregoing reasons before the sub-branch of the E Bank D, which was located in Sinsan City.

Accordingly, the defendant has damaged twice the above car repair cost of 1,434,288 won owned by the victim.

Summary of Evidence

1. Application of each written statement in C of the defendant's legal statement to the investigation report (a photographic of vehicle damage), written estimate to repair the damaged vehicle, and (a CCTV image in the course of committing a crime);

1. Article 366 of the Criminal Act applicable to the crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. Extent of the recommended punishment according to the sentencing guidelines [the scope of punishment] [the general standard of punishment] [the category 1] property damage, etc. [the special person] - the elements of mitigation (including a serious effort to recover damage): the source of punishment (including a serious effort to recover damage) - the motive for committing an offense (the crime committed by a person who has failed to comply with his/her teaching system with the victim) (the scope of the recommended area and the recommended punishment] basic area, the period of imprisonment from April to October 10 [the scope of the recommended area and the recommended punishment] - The mitigated element: The serious reflectd grounds for suspension of execution [the grounds for suspension of execution] - The main grounds for reduction of punishment (including a serious effort to recover damage) - The main grounds for special extenuating circumstances: the motive of criticism - the general pride.

3. Determination of sentence: Imprisonment with prison labor for six months, and two years of suspended sentence, the defendant shall associate with the victim;

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