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(영문) 춘천지방법원 2018.02.13 2017고단1355
재물손괴
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 September 5, 2017, the Defendant was sentenced to six months of imprisonment with prison labor due to the crime of property damage, etc. in the field support of the Chuncheon District Court, and the judgment was finalized on December 4 of the same year.

On January 9, 2017, the Defendant, at around 10:30, damaged air conditioners, television, and plastic disputes in the market price, on the ground that there was a sudden fall within 602 heading rooms of D hotel D in Ulsan-gu, Ulsan-gu, Seoul, and that there was a sudden fall within 602 heading rooms.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. On-site photographs;

1. Each investigation report (to listen to the statement by a target person telephone);

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the community service order is that a defendant is deemed to substitute for the instant crime, and the fact that the instant crime is deemed to be concurrent crimes with the crime of destroying property of the first head of the crime that became final and conclusive and the crime of destroying property, etc. of the latter part of Article 37 of the Criminal Act and the fact that the

On the other hand, even though the defendant had been punished several times prior to the crime of this case, he committed the crime of this case, the crime of this case immediately after the suspended execution period expires, and the agreement with the victim or the restoration of damage did not occur, etc. are elements for sentencing unfavorable to the defendant.

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.

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