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(영문) 대구지방법원 포항지원 2018.12.13 2018고단1156
특수재물손괴
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 9, 2018, at the end of the C building operated by the Defendant in North-gu, North-gu, Mapo-si, Mapo-si, Mapo-si on July 23:40, 2018, the Defendant died of the Defendant’s death of the victim D (Woo, 50 years of age) who himself/herself and died.

“However, the victim did not need to be aware of the fact that he was refusing to do so, she collected the enormous machine board (not less than 1m in length), which is a dangerous object in the math because of the victim’s refusal to do so, and cut off the glass front of the victim’s E EM car twice and damaged the repair cost of not more than 2.30,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An investigation report (related to ascertaining damage in front of a damaged vehicle) ;

1. Application of each statute on photographs;

1. Articles 369 (1) and 366 of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a sentence of imprisonment with prison labor on the basis of the choice of sentence (to take account of the fact that the nature of the crime is inferior in light of the form of the crime that damages free from automobiles due to the enormous team, and that there was a record of being subject to family protective disposition by threatening the same victim as a dangerous object even in 2016);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 2009Da14489, Jun. 2, 2009)

1. Article 62-2 of the Criminal Act on the observation of protection;

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