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(영문) 대구지방법원 2017.10.19 2017고단5317
특수재물손괴
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant thought that the victim C (ma, 45 years of age), the hedginger, and the enhancement of this, would inflict harm on the victim.

1. On September 12, 2017, around 00:52, the Defendant laid a stone, which is a dangerous object in the vicinity of the victim’s beauty room in Daegu Suwon-gu, and laid off the door door of the beauty room so that the repair cost would be approximately KRW 430,00,00, while cutting down the fire that is a dangerous object into the beauty room, and damaged the television of approximately KRW 700,000, market price owned by the victim.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

2. On September 12, 2017, at the front parking lot of Daegu-dong, Daegu-ro 73 40,000, the Defendant discovered a victim’s right-learning car, and found the victim’s right-learning car, and the Defendant’s Eco-ro, which is a dangerous object, intentionally sees the victim’s car several times, took the victim’s car by gathering a sidewalk block, which is a dangerous object in the vicinity, and putting about 3,570,796 won of the damaged vehicle in glass of the front and the driver’s seat of the damaged vehicle.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written estimate or television damage photographs;

1. Application of the Acts and subordinate statutes to each investigation report (limited to attaching photographs of damaged vehicles, attaching photographs of the damaged vehicles, photographs of the suspect's vehicle and black stuffs, field photographs related to cosmetic damage, and attaching CCTV photographs);

1. Relevant Article 369 of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act, and the choice of imprisonment for the crime;

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. Crimes of Article 62(1) of the Criminal Act, which are the grounds for sentencing, are crimes of Articles 1 and 2.

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