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(영문) 인천지방법원 2016.07.01 2016고단2999
특수재물손괴등
Text

A defendant shall be punished by imprisonment for 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

1. Around April 3, 2016, the Defendant damaged special property: (a) at the entrance of the Incheon Gyeyang-gu apartment, Gyeyang-gu, Incheon; (b) on the ground that the banner posted at the entrance was the window of the house in which the Defendant’s people live, and (c) on the ground that the kitchen knife (30cm in total length), which is a dangerous object, and (d) one of the above banner at the market price of 75,000 won owned by the victim, was destroyed by the knife.

2. A special intimidation Defendant: (a) intending to receive a claim from the victim D, the chairperson of the apartment autonomous association, who was in contact with the security guards at the above date, time, place, “I am farcing a farc,” and at the same time and place; and (b) Dac Dac “I am far, farc, and farc, several times within the same year.”

p. A few years of age or sark

“The kitchen knife, which is a dangerous kitchen, and the kitchen knife, was threatened with the victim’s face, as the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs by cutting down a damaged banner and by cutting down CCTV images;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, the choice of imprisonment for the crime, and the choice of punishment;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

(a) Specific intimidation [Scope of Recommendation] Class 4 (Habitual, Cumulative, Cumulative Crime, Special Intimidation) (Special Intimidation) in the mitigation area (4 months to 1 year)

(b) Reduction area (4 months to 10 months) in the mitigated area (4 months to 10 months) of special property damage (the scope of recommended punishment), repeated crimes, special damage (the repeated crime, special damage, etc.) (the special mitigation area)

(c) The scope of final sentence due to the aggravation of multiple offenses: April to May; and

2. The decision of sentence is against the defendant, and the defendant recognizes the crime of this case, and the injured person does not want the punishment of the defendant by agreement with the victim.

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