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(영문) 춘천지방법원 영월지원 2018.11.20 2018고단382
특수재물손괴
Text

A defendant shall be punished by imprisonment for four months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

At around 09:00 on July 18, 2018, the Defendant: (a) took a watch (30cm in total) which is a thing dangerous to the victim C (V, 74 years of age)’s house, which is the mother of the Defendant of the Defendant of the Dan Chang-gun, Gangwon-gun, Gangwon-do, Seoul Special Metropolitan City (M, 74 years of age) on July 18, 2018; and (b) took a 1 copy of the front glass window of the victim’s car owned by the Defendant, which was parked on the said house at the above house, with the lower left flick, and 1 (total repair cost of KRW 508,299) on the top of the left flick, and 28 flick-gu, the Defendant broken the above flick-gun, 100,000 won on the part of the victim’s house at the front flick.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. 112 Reporting case handling table;

1. Explanation of the site photograph of the case

1. A protocol of seizure and a list of seizure;

1. A description of the photograph of seized articles;

1. Application of Acts and subordinate statutes of one copy of a written diagnosis, one copy of a vehicle repair estimate, and one copy of a report on investigation (a document of diagnosis of a suspect dynamic disorder and damage estimate), and one copy of a vehicle repair estimate;

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 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the Defendant recognized the instant crime; (b) the victim expressed his/her intention not to have the Defendant punished at an investigative agency; (c) the Defendant was sentenced to a suspended sentence of three years on October 20, 2016; (d) the Defendant was sentenced to a suspended sentence of one year and six months; and (e) the Defendant committed the instant crime even if he/she had been under suspended sentence after the said judgment became final and conclusive on October 28, 2016.

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