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(영문) 부산지방법원서부지원 2020.11.03 2020고단1822
특수재물손괴
Text

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

1. On June 2, 2020, around 03:00 on June 2, 2020, the Defendant broken down the second floor, the third floor, and the fourth floor glass window of the apartment, which are dangerous objects in the corridor, on the ground that there was a fire extinguishing in dispute with the Defendant who was found in the Busan Seo-gu B apartment on the ground that it was a dangerous object in the corridor.

Accordingly, the defendant damaged the free will of approximately KRW 150,000,000, which is the joint ownership of the above apartment house residents.

2. The Defendant committed the crime against the victim C, at the time and place set forth in the above paragraph (1) above, left the window, which is a dangerous object for the foregoing reasons, and damaged the victim C’s motor vehicle upper part of the said apartment parking lot so that approximately KRW 1,50,000 of the repair cost is damaged.

3. The Defendant, at the time and place specified in the above paragraph (1) above, damaged the victim E by getting out of its windows the above fire extinguisher, which is a dangerous object for the foregoing reasons, and by causing the victim E to get out of its upper part of the Frenren car car car owned by the victim E parked in the above apartment parking lot, thereby damaging the repair cost to KRW 1 million.

Summary of Evidence

Defendant’s legal statement

The application of the Acts and subordinate statutes of photographic Acts and subordinate statutes to each written investigation report (attached to the written agreement and calculation of damages) in G, C and E

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Extent of the recommended sentence according to the sentencing guidelines (decision of types) [Type 1] repeated crimes, special damage and damage [Special Aggravation] - mitigated elements: Where punishment is not granted (including serious efforts to recover damage), or substantial damage is recovered, - Where an aggravated element is intended for unspecified victims or multiple victims or has been repeatedly committed over a considerable period of time;

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