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(영문) 제주지방법원 2017.02.02 2016고단2673
특수재물손괴
Text

A defendant shall be punished by imprisonment for four 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

On July 30, 2016, around 15:45, the Defendant: (a) laid a stone, which is a dangerous object to the windows of the building, at the victim’s house construction site in Seopopopopo City B; and (b) broken up two copies of windows, the market price of which is equivalent to KRW 132,00,000, owned by the victim.

Accordingly, the defendant carried dangerous objects and destroyed another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation report (victim C telephone investigation);

1. A report on the occurrence of loss;

1. A report on internal investigation (a written estimate of damage);

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Article 369 of the Criminal Act; Articles 369 (1) and 366 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant committed the crime of this case on the ground that he did not receive materials value, etc. from D while working at the victim's house construction site upon request from D and brought in the house by the victim. The defendant did not receive direct compensation from the victim or receive the above crime from the victim and did not reach an agreement. The defendant was sentenced to imprisonment for one year due to the crime of damaging public goods in 2000 and one year from imprisonment for the crime of damaging public goods in 2004, and four months from imprisonment for the crime of destroying public goods in 2004. The defendant had a history of being sentenced to a fine of 50,000 won for the crime of destroying property on March 30, 2016, and that the defendant has repeatedly committed violent crimes in a short period.

However, it is very significant that the defendant recognizes the crime of this case and the degree of damage suffered by the victim.

It is not possible to see that the defendant's age, sex, environment, relationship between the defendant and the victim, motive, means and result of the crime, other circumstances after the crime.

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