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(영문) 전주지방법원 2018.02.22 2017고단2549
특수재물손괴등
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

1. Around August 25, 2017, the Defendant damaged the victim’s property, which was a dangerous object in the vicinity of the brue, by twitle, which was a dangerous object in the vicinity of the brue, on the ground that the victim was not informed of the whereabouts of the male-friendly fluor in his/her place of work located in the brue of the front city in the front city in the front city in the front city in the front city, around August 25, 2017.

2. Around August 27, 2017, the Defendant damaged the property at the “F” point located in 00:15 in Yansan-gu, Seoul Special Metropolitan City, where he assaulted the Victim G (F, 26 years of age) by cutting off the cell phone owned by the victim and cutting off the cell phone owned by the victim on the floor, thereby damaging the property of the victim in order to cover repair costs of KRW 695,000.

Summary of Evidence

[Judgment]

1. Statement by the defendant in court;

1. Each police statement made with respect to G, D, and H;

1. Application of the Acts and subordinate statutes to each photograph and estimate;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, for the crime;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment as provided for in the crime of destroying any special property, the punishment of which is heavier);

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) A crime No. 1: Imprisonment with prison labor for a period of eight months or one year and six months from the basic area of the crime of destroying special property (a) that has no type 1 (Habitual, repeated, repeated, special damage, etc.) (a person who is habitually subject to special sentencing) [decision on the area of recommendation] (decision on the area of recommendation];

(b) Class 2 crime: The crime of destroying property (a type of decision) and the general criteria for the destruction of property (a person who is subject to special sentencing) [a person who is subject to special sentencing] and the mitigated area of punishment [a person who is subject to recommendation] [a person subject to recommendation] [a person subject to recommendation] imprisonment with prison labor for one month or

C. The final scope of sentence: 8 months to 1 year and 9 months of imprisonment (=the maximum limit of 1 crime).

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