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(영문) 광주지방법원순천지원 2020.10.07 2020고단1856
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

Of the facts charged of this case, the prosecution against intimidation is dismissed.

Reasons

Punishment of the crime

At around 10:00 on July 23, 2020, the Defendant, within the victim C’s separate debt located in Jeonnam-gun, Jeonnam-gun, on the ground that the victim was fluor of the preceding Defendant’s drinking and fluoring his fluor in his fluor, and that the victim was fluoring his fluor in his fluoral, thereby resulting in incidental to the Defendant’s TV fluor who was on his fluor’s deposit.

On July 23, 2020, at around 13:45, the Defendant: (a) laid the door to the victim under the influence of alcohol before the victim’s house; and (b) laid down one shock net installed on the victim’s house windows where the market price cannot be known by displaying the friendly acid on the front of the entrance.

Accordingly, the defendant damaged the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on internal accidents (on the scene of destruction and damage of property, and photographs of damaged articles);

1. Photographs of destruction of and damage to property, such as investigation reports, damage to property, etc. and damage to principal debt-proof networks;

1. Application of Acts and subordinate statutes to investigation reports (specific and value of goods damaged and damaged), invoices, and written estimates;

1. Article 366 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one to four years;

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

(a) Class 1 crime (Determination of Punishment) destruction and damage [Class 1] Destruction, etc. of Property [Special Aggravation] Mitigation element: In cases where actual damage is minor, the court shall not impose punishment [the area of recommendation and the scope of recommendation] special mitigation area, one month to six months in imprisonment;

(b) Group 2 crime (determination of types) destruction and damage [Class 1] destruction, damage, etc. of property [Special Sentencing] mitigation elements: In cases where actual damage is minor, in which the damage is minor, the court shall not impose punishment [the area of recommendation and the scope of recommendation] special mitigation area, one month to six months of imprisonment;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for one to September 1;

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