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(영문) 수원지방법원 2019.08.21 2019고단2931
특수재물손괴등
Text

A defendant shall be punished by imprisonment for four 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

1. Around April 29, 2019, the Defendant: (a) driven a D Track road near the residence of the victim C(79 years of age) located in Yong-si, the wife population B on April 29, 2019; and (b) on the ground that the Defendant used the Defendant’s land as a road, the Defendant attached the parts of the board and boiler of the said housing boiler room with repair costs of KRW 1,100,000 using the aforementioned Track, a dangerous object, to the victim for repair costs.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

2. The Defendant assaulted the victim by breathing the bat at the time and place mentioned in paragraph (1) by hand, in which the victim tried to restrain the Defendant from damaging the said act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site internal investigation reports, investigation reports (as to the verification of CCTV images), investigation reports (as to the amount of damage);

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 369 (1), 366, and 260 (1) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment for a crime;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One to seven years of imprisonment;

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

(a) Crimes No. 1 (Special Destruction and Damage of Property) (Determination of Punishment) (Special Destruction and Damage [Type 1] Cumulative Offense, Special Destruction and Damage [Special Destruction and Damage] (Special Destruction and Damage of Property: Reduction element): In cases where punishment is not granted (including serious efforts to recover damage), or significant damage has been recovered (the area of recommendation and the scope of recommendation), mitigation area, one month to August;

(b) Class 2 crime (determination of types of violence) and violent crime [Class 1] general assault [Special Punishment] mitigated elements: The degree of assault.

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