(영문) 전주지방법원 군산지원 2016.09.21 2016고단575

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 군산지원 2016.09.21 2016고단575

특수재물손괴

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 15, 2016, the Defendant: (a) placed the door door in the Dmast Sheet parking lot B in Yari-si, Yari-si, Yari-do; (b) placed in the front door of the Dmast Rop 27 years old; (c) placed the door door on the ground that the victim does not open the door; (d) placed the watch (30cm in length) and damaged the property owned by the victim by getting off the 108,350 won of the repair cost, by getting off the top glass for the math cab.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Application of the written estimate statutes;

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 (The following favorable circumstances):

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

1. Where actual damage is insignificant in the mitigation area (4 months to 10 months), such as the mitigated area (4 months to 10 months), of the type 1 (Habitual, repeated, special damage, etc.) of habitual, repeated, and special damage;

2. Determination of sentence: A sentence identical to the order shall be determined within the scope of the recommended sentence set in the sentencing guidelines, comprehensively taking into account the following factors: (a) the period of imprisonment for four months, the suspension of execution of one year, the quality of the crime in this case is not less minor, the fact that the defendant did not reach an agreement with the victim, the fact that the degree of damage is relatively minor, the defendant does not have any record of punishment for the same kind of crime, and the defendant does not have any record of any particular criminal punishment except for a fine imposed on one occasion due to drinking driving, and other factors of sentencing specified in the sentencing guidelines, including the defendant's age, sex, circumstances of the crime, and the circumstances after the crime.

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