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(영문) 전주지방법원 군산지원 2016.07.13 2016고단242
재물손괴
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 00:40 on February 9, 2016, the Defendant: (a) destroyed the instant car to cover approximately KRW 6,473,000,000, by using the lives and glass windows, etc. of the victim C, which were parked there, without any reason, at the 402 front of the 402 B apartment house, without any reason.

2. At around 02:35 on the same day, the Defendant: (a) committed the act of paragraph 1 at the front parking lot of B apartment No. 406 on the same day, and (b) destroyed, respectively, the Defendant: (c) destroyed, by attaching the victim’s H SPP car owned by the victim E, the FSP car’s glass windows, a chief whiteer, etc., which were parked at the police station using the wooden machine, to cover approximately KRW 1,330,000 of the repair cost; and (d) destroyed, respectively, the said SP car to cover approximately KRW 974,058 of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C, E, and G;

1. Application of the Acts and subordinate statutes to each photograph and estimate;

1. Relevant Articles of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting a crime;

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 (The following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. A person whose sentencing guidelines [the scope of recommended punishment] [the scope of recommended punishment] are set forth in Category 1 (Destruction to October) in the basic area (special mitigation) [the person whose punishment is to be mitigated]: In a case where each of the crimes in this case is committed against unspecified or multiple victims (each of the crimes in this case is concurrent crimes under the former part of Article 37 of the Criminal Act or all of the crimes in the same kind, and thus, the person who is to be subject to aggravated punishment should not be separately applied, but shall be applied as above);

2. Determination of sentence: Imprisonment with prison labor, eight months of suspension of execution, two years of protection, observation of protection, and community service hours;

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