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(영문) 부산지방법원 2017.02.22 2016고단8052
특수재물손괴
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 3, 2016, at around 20:49, the Defendant: (a) placed a dangerous object, which was located on the roadside of the road, in the front of the Busan Jin-gu B, Busan, the Defendant: (b) laid down the main set of the victim C, which was parked on the roadside; (c) laid down the victim’s car at several times, and (d) damaged the property in a way that is worth KRW 6,459,41 of the cost of repairing the victim’s car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes concerning investigation reports, photographs of damage, list of cases to be reported, and written estimates;

1. Articles 369 (1) and 366 of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing) [the scope of recommendation] There is no person [the person who is subject to special sentencing] in the basic area ( August through January 6) of the first type (Habitual, repeated crime, special damage, etc.) (the period from August to January 6) of the Act on the Suspension of Execution (the decision of sentence] (the decision of sentence of this case is not appropriate; the fact that the damage is not recovered, etc. is against the defendant’s disadvantage or the defendant’s depth; the fact that there is no past record of crime until now after the suspended sentence of imprisonment with prison labor due to an act of violence on around 196; the fact that there is no record of crime until now after the defendant was sentenced to the suspended sentence of imprisonment with prison labor due to an act of violence; and the fact that the defendant’s age, sex, environment, circumstances leading to the crime, means and method

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