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(영문) 인천지방법원 2016.06.16 2016고단1672
재물손괴
Text

A defendant shall be punished by imprisonment for six 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

1. On March 27, 2016, at around 20:15, the Defendant: (a) found a place well under the influence of alcohol before the D church located in the 3rd floor of the Seoul Southern-gu Incheon Metropolitan City, while entering the said church, and (b) destroyed the part of the entrance knife of the above commercial building managed by the victim E by the victim E to have the knife KRW 30,000 of the incidental repair cost.

2. On March 27, 2016, around 20:20, the Defendant damaged the Defendant’s 120,000 won of the repair cost by exposing two pages of the glass of the above entrance of the commercial building, which the Victim E manages, on the ground that the Defendant was under the influence of alcohol on the first floor of the commercial building listed in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on dispatch to the site, on-site photographs, estimates, and investigation reports (to hear statements from victims E);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. 보호 관찰 및 사회봉사명령 형법 제 62조의 2 양형의 이유 [ 권고 형의 범위] 일반적 기준 > 제 1 유형( 재물 손괴 등) > 기본영역 (4 월 ~10 월) 처단형과 권고 형 비교 형량범위 : 4월 ~10 월 [ 선고형의 결정] 피고인은 노숙하면서 잘 곳을 찼던 중 상가 건물에서 교회를 발견하였으나, 문이 열리지 않아 이 사건 범행을 저질렀다.

In 204, two years and six months have been sentenced to imprisonment for the crime of bodily injury resulting from rape, and thereafter, the crime of this case was committed despite the record of several fines due to the damage of property and assault, etc.

Although the Seoul Northern District Court notified the defendant that the case of interference with the execution of official duties was being carried out by public service, the defendant was sentenced to six months of imprisonment for failing to report his/her residence (service of public notice) and the defendant appealed later.

In other words, the sentencing conditions as shown in the arguments are various.

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