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(영문) 수원지방법원 여주지원 2020.06.24 2020고단512
특수재물손괴
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 15, 2020, at around 22:05, the Defendant, who was parked on the road by drinking in front of the Defendant’s residence located in Isncheon-si B, destroyed the Defendant’s front left the right side glass and the rear glass of the said vehicle by spreading the brick, which is a dangerous object that had been parked on the road, on the street, and cutting off the wall on the Dozed Dozed vehicle owned by the Victim C, which was parked on the road.

Accordingly, the defendant damaged the victim's property by using dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on site photographs to each police statement of 112 reported case to C, E, and F, respectively;

1. Article 369 (1) or 366 of the Criminal Act applicable to the crimes and Articles 369 (1) or 366 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines (decision of type) [Type 1] repeated crimes, special damage and damage [Special Sentencing]: In cases where punishment is not granted (including serious efforts to recover damage), or substantial damage has been recovered (the area of recommendation and the scope of recommendation) and the area of mitigation of imprisonment with labor for one month through August;

3. Determination of sentence: 6 months of imprisonment (two years of suspended sentence) and 2 years of probation, the Defendant, under the influence of alcohol, unloaded a vehicle parked on the way of protruding without any particular reason. However, it is difficult to obtain the motive for committing the crime, and the method of committing the crime was also dangerous.

In addition, the defendant committed a similar crime in 2015 and was sentenced to a suspended sentence of imprisonment.

However, it did not focus on the degree of damage caused by the crime, but agreed with the victim.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

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