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(영문) 서울북부지방법원 2017.08.18 2016고단3796
재물손괴
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 9, 2016, at around 02:20, the Defendant, without any particular reason, taken a bath to the victim “D main points operated by the victim C” in Dongdaemun-gu Seoul, Dongdaemun-gu, without any justifiable reason, and shouldered the entrance door by walking at several times (70cm X length 150cm in width).

Accordingly, the defendant damaged the free market price of KRW 100,000,000.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes on field photographing photographs;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) in light of the facts and contents of the instant crime for sentencing under Article 62(1) of the Suspension of Execution Act; (b) the Defendant did not recover from damage; (c) the Defendant has been punished several times, including a suspended sentence for violent crimes; and (d) on the other hand, the extent of damage is not much severe; and (e) other circumstances and sentencing guidelines revealed in the records and arguments of the instant case are considered.

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