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(영문) 수원지방법원 2020.12.11 2020고단7248
특수재물손괴
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 10, 2020, the Defendant: (a) from around 23:06 to around 23:47 on October 2020, 2020, at the vicinity of the “D Beauty shop” parking lot operated by the victim B (n.e., 56 years old) located in Suwon-si Line C; (b) around the victim’s complaint against the Defendant, the Defendant was parked at the victim’s vehicle located in the same place, and (c) up to 10 times, the hacks (title 1cm in its name), a dangerous object discovered and holding the hacks (n.e., a dangerous object that was parked in the vehicle’s front section and the tea door of the said vehicle at the construction site at the neighboring site, and broken the back of the said vehicle.

Accordingly, the defendant, carrying dangerous articles, destroyed the property of the victim so that 1,989,895 won of repair costs.

2. On October 11, 2020, the Defendant: (a) from around 06:05 on October 11, 2020 to around 06:12 of the same day, at the site of the removal work in the cosmetic section as described in paragraph (1), the Defendant destroyed the door door of the above beauty art room, which is owned by the victim, 10 rocketing the strings of the strings as described in paragraph (1); and (b) released the glass door of the above beauty art room, which is owned by the victim.

Accordingly, the defendant carried dangerous articles and damaged the victim's property so that the repair cost of KRW 900,000 is 9.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning B;

1. On-site photographs, E apartment CCTV closure photographs and CCTV closure photographs for crime prevention;

1. Application of the written estimate statutes;

1. Relevant Articles 369(1) and 366 of the Criminal Act and the choice of punishment concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 32 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation.

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