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(영문) 대전지방법원 2017.05.24 2016고단4133
특수재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. On September 28, 2016, the Defendant: (a) destroyed special property, on the ground that the victim D (at the age of 45) on the Seo-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, and the fifth floor does not have the intent to see the F’s ice ice, an employee, within “Esing” operated by the victim D (at the age of 45); (b) destroyed the victim D’s ice ice straw (at the age of 65cm) with the Defendant’s market price equivalent to KRW 100,000,000,000, and continuously destroyed the gate 200,000,000,000 won and 80,000,000,000,000 won, which are continuously dangerous things; and (c) destroyed the part of the gate gate string.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. A special intimidation: (a) the Defendant cited the part of the wind flag, which is a dangerous object, at the time and place specified in paragraph 1; and (b) took the victim F (25 years of age) who is an employee, called “packer and knick”; (c) took the part of the wind flag in front of the said victim F; and (d) took the fire extinguisher, which is a dangerous object to the victim D at the seat of the said passenger.

Accordingly, the defendant carried dangerous articles and threatened the victims as they would inflict bodily harm on the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made to the F by the police;

1. Application of Acts and subordinate statutes to photographs damaged;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession is made in favor of the fact that the nature of the crime is not good due to the dangerous articles without any special reason, or the destruction of property, and the circumstances favorable to the four times the records of violent crimes.

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