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(영문) 춘천지방법원 강릉지원 2016.12.07 2016고단1269
재물손괴
Text

A defendant shall be punished by imprisonment for 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

On September 1, 2016, around 07:10, the Defendant: (a) opened a card device attached inside a taxi on the ground that the victim was unsatisfyed, and destroyed the victim’s property in order to have the repair cost of KRW 395,000,000, when she opened the card device, which was 70, in front of 3-lane 70,000 in the sampling room in the East Sea; and (b) went to the destination and destination of the victim B (the age of 54).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. B written statements;

1. A photograph of each damage;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a trading statement);

1. Article 366 of the Criminal Act applicable to the crimes and Article 366 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Although the Defendant alleged that he was in a state of mental disorder or mental retardation under the influence of alcohol at the time of the instant crime, the Defendant did not have the ability to discern things or make decisions due to alcohol in light of the following circumstances, i.e., the Defendant’s level of reputation, the background, means and method of the crime, and the Defendant’s behavior before and after the crime, etc., the Defendant did not have the ability to discern things or make decisions due to alcohol.

Since it is not recognized to be a state or weak, the above assertion is not accepted.

The execution of punishment is suspended on condition that probation and community service should be provided for a certain period of time only in consideration of the fact that the same kind of crime for sentencing has been repeated, the recidivism during the period of probation, the fact that the crime is committed after the completion of probation, the fact that the victim is not subject to punishment, the family environment and support relationship of the defendant, etc.

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