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Reasons
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(영문) 대구지방법원 서부지원 2019.08.30 2017고단2908
재물손괴
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A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

On October 21, 2017, at around 04:30, the Defendant destroyed one door door of 300,000 won at the market price owned by the victim, including: (a) the Defendant: (b) finds out the alcohol at the main points in the Seogu-gu, Daegu-gu; (c) finds the glass bars of the upper part of the entrance; and (d) continuously cut off the lower part of the entrance.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Three copies of a photograph of the site;

1. Three copies of photographic photographs of grandchildren;

1. A written estimate;

1. Application of Acts and subordinate statutes to a criminal investigation report, investigation report (in relation to each investigation report above, recognition of admissibility of evidence under Article 314 of the Criminal Procedure Act is granted due to the unknown whereabouts of a witness)

1. Article 366 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The circumstances favorable to the defendant include the following: (a) the degree of damage to the reasons for sentencing under Article 62(1) of the Criminal Act is minor; (b) the fact that it appears that it is a contingent crime; and (c) the health and economic conditions of the defendant

On the other hand, the fact that the Defendant had the same criminal record, even though there were many criminal records related to violence, repeated the crime of this case, failed to agree with the victim, and did not recover the damage, etc. are disadvantageous to the Defendant.

In full view of all other circumstances, such as the circumstances of crimes, degree of crimes, circumstances after crimes, criminal records, prosecutor's life imprisonment (two years of suspended sentence for six months), etc., it shall be decided as ordered.

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