logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 공주지원 2017.11.03 2017고단181
특수재물손괴
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

On April 3, 2017, the Defendant: (a) around 23:50 on April 3, 2017, around D drinking houses located in C, and (b) around 2,073,37 won of the repair cost, including the front exchange, was damaged by carrying with the victim E the wall, which is an object dangerous to a passenger car in the F Sppo area owned by the victim E, and without any reason. (c) Around 3 times, the above wall was broken off on the front glass of the said vehicle, and was destroyed to the extent of KRW 2,073,377 of the repair cost, including the front exchange.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. A report (special damage), each investigation report, and a list of reported cases processing;

1. Application of Acts and subordinate statutes to field photographs and estimates;

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 suspended execution;

1. Where the necessity of the medical treatment order and the reason for sentencing [the scope of the recommended punishment] the type 1 (Habitual, repeated crime, special damage, etc.) of habitually, repeated crime, and special damage) in the mitigation area ( April to October), [the person who has been specially mitigated] in the mitigated area (including his/her efforts to recover damage), or significant damage (the decision of sentence] in the case where the defendant has a number of criminal records of the same kind, and it is inevitable to choose a sentence of imprisonment.

However, it is necessary to consider the confession, depth, and the agreement with the victim.

In this context, considering various circumstances such as the Defendant’s age, sex, health, home environment, background of the crime, circumstances after the crime, etc., it is deemed necessary to prevent recidivism and to ensure the Defendant’s sound return to the society, and thus, the punishment is determined as ordered.

arrow