(영문) 대구지방법원 포항지원 2019.08.22 2019고단718

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(영문) 대구지방법원 포항지원 2019.08.22 2019고단718

특수재물손괴

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The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:05 on May 14, 2019, the Defendant thought that the victim C was about to die in front of the D Building E, where the victim C residing in North-gu, North-gu, North-si, Mapo-si, Mapo-si, Mapo-si, and that the victim was about 40cc in total length and about 15cc in daily length ( approximately 40cc in total, about 15cm in daily length), which is a dangerous object, and damaged the repair cost of KRW 350,00.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Seizure records;

1. Table 112 Handling of reported cases, respectively;

1. Written estimate;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of punishment. Article 366 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines (decision of type) [Type 1] repeated crimes, special damage and damage [Special Sentencing]: In cases where punishment is not granted (including serious efforts to recover damage), or substantial damage has been recovered (the area of recommendation and the scope of recommendation) and the area of mitigation of imprisonment with labor for one month through August;

3. The execution of a sentence shall be suspended on condition that probation is added only once, taking into account the following: (a) the criminal defendant has served in a prison term by taking into account the details of the crime subject to the sentence; (b) methods of the crime subject to the sentence; and (c) the fact that the criminal defendant has served a prison term of a fine on one occasion due to the crime subject to the imposition of a sentence; (d) the criminal defendant has served a misunderstanding against the defendant late and late; (e) the criminal defendant has agreed with the victim, (e) the mental and medical treatment for editing and assistance; and (e)

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