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(영문) 인천지방법원 2016.05.12 2016고단569
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. In around 04:57 on January 31, 2016, the Defendant: (a) collected stone (10cm in length) from the victim E, and destroyed the said car bents, etc. by flicking the repair cost by flicking the said car blicks, etc., the victim E parked at the same place; and (b) destroyed the said car blicks, etc. to the extent equivalent to KRW 1,445,24 in total, as described in the No. 1,2,4-7 of the attached crime list of the attached crimes, as described in the No. 1,2,4-7, from around 04:57 on January 31, 2016 to 05:02 of the same day, the victims were parked.

2. On January 31, 2016, at around 05:22, the Defendant: (a) destroyed the Defendant’s special property by leaving the victim H from the Nam-gu Incheon Metropolitan City, to the hack pipe (80cm in length, 5cm in diameter), which is an object dangerous in front of the instant car, which is the victim’s possession of the victim, for the foregoing reasons; and (b) destroying the front glass, etc. of the said car to the sum of KRW 1,217,50 in repair cost; and (c) destroying it by carrying the above hack pipe from around 05:22 on January 31, 2016 to around 05:27 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of J, K, L, M, N, and E;

1. The pictures and estimates of each damaged article;

1. Application of each protocol of seizure and each statute of the list of seizure;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Article 366 of the Criminal Act (the point of destruction and damage, the choice of punishment by imprisonment), and Article 366 of the Criminal Act (the point of destruction and the choice of punishment by imprisonment);

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 (amended by Act No. 62 of the Criminal Act in favor of the following sentencing):

1. Article 62-2 (1) of the Criminal Act concerning the observation of protection, community service and order to attend lectures;

1. Article 48(1) of the Criminal Act of confiscation.

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