(영문) 수원지방법원 2018.05.15 2018고단1555

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(영문) 수원지방법원 2018.05.15 2018고단1555

특수재물손괴

Text

A defendant shall be punished by imprisonment for six months.

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

On February 10, 2018, at around 21:40, the Defendant, while drinking alcohol together with the victim D (48 cm), who was in the influence of “C” located in Suwon-si B, Suwon-si on February 10, 2018, performed drinking together with the victim D (48 m) who was in the influence of drinking water, he was in danger of being in the front and the driving of the above victim’s vehicle, and was in front of the front and the driving of the said victim’s vehicle, and 13 mm in the length of the day). The Defendant continued to repair the above victim’s vehicle, which was in front of the front and the driving of the said vehicle, and was in the front and rear vicinity of the said drinking house, with four wheel-si, a dangerous object on the surface of the said vehicle (18cm in length, 9cm in width, 400 won in number, 400 won in number, and 400 won in number.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. On-site photographs and damaged photographs;

1. Report of investigation (case for estimation of damage);

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article 369 of the Criminal Act; Articles 369 (1) and 366 of the Criminal Act; the choice of imprisonment for a crime;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Persons who are not subject to punishment in the area of mitigation (4 months to 10 months) (special mitigation) in the area of mitigation (4 months to 10 months) (special mitigation) of the sentencing criteria (the scope of recommendation punishment) habitually, repeated crimes, and special damage and damage;

2. According to the sentence decisions, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after the crime, shall be determined as ordered by the sentence.

Considerations favorable: Circumstances unfavorable to the agreement with the victim: Loss is minor.

It is difficult to see, and the danger was high due to the crime of carrying dangerous objects.

참조조문

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