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(영문) 서울남부지방법원 2017.03.31 2016고단6469
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

Criminal facts

1. From October 6, 2016, the Defendant: (a) around 11:50 on October 6, 2016, around 11:30, the Defendant maintained the improvement (proof No. 1) that is a dangerous object in the vicinity of the exit No. 1 located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and without any justifiable reason, was the victim D’s representative director; and (b) the victim D’s employees affiliated with E were the victim’s representative director.

Accordingly, the defendant damaged the property owned by the victim.

2. Special intimidation Defendant 1 cited the victim D (38 tax) who has prevented the Defendant from committing the act at the time and place specified in paragraph 1, as a dangerous thing.

The victim threatened the victim by stating that he/she would die.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. One color that has been seized (No. 1);

1. Application of statutes on field photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1), 366 of the Criminal Act concerning the selection of punishment (a point of destroying special property, choice of imprisonment with prison labor), Articles 284 and 283(1) of the Criminal Act (a) (a special intimidation and choice of imprisonment with prison labor);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

A. 1) Crimes 1 (Special Intimidation, Basic Crimes) / [Scope of Recommendation] 4 (Special Intimidation of Habitual Offense) (Special Intimidation of Habitual Offense) (Special Intimidation of Habitual Assault) (Special Intimidation of Habitual Assault) (Special Property Damage) 2 (Special Property Damage) (Scope of Recommendation) / 1 (Special Defamation of Habitual Assault, etc.) (Special Assault of Habitual Offense / 1) (Special Mitigation of Habitual Offense / 10 (Special mitigated / 10))) in the mitigated area of 1 (Special Assault of Habitual Offense, etc.) (Special mitigated / 10)

(b) Scope of punishment recommended according to the standards for handling multiple crimes: From June to November 1;

2. Determination of sentence (two years of suspended sentence for six months) of sentence, the crime of this case shall be cut down and damaged by the improvement of the victim's banner, which is a dangerous object of the defendant.

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