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(영문) 서울서부지방법원 2018.01.17 2017고단2488
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

【Criminal Records of Crimes】 On August 25, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for special injury at the Seoul Western District Court and two years of suspended execution, and the said judgment became final and conclusive on November 30, 2017.

【Criminal facts】 around 20:00 on June 30, 2017, the Defendant: (a) set up an engine with the victim C, which was not good for the Defendant to be wraped with the Defendant, at the street in front of Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) 1,043,500 won for repair costs, by inserting sand and falling short of sand.

Accordingly, the defendant damaged the victim's property and harmed its utility.

Around 20:00 on June 30, 2017, the Defendant damaged the engine by inserting sand and falling short of the victim D (G) on the front side of the “gold apartment”, the 2017 Yongsan-gu Seoul Yongsan-gu, Yongsan-gu, Seoul, the 20129 Won-ro, the 201.

Summary of Evidence

1. Previous convictions: References about criminal history and investigation reports (Confirmation of the judgment of the case related to the defendant) [2017 order 2488] “2017 order 2488];

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A report on internal investigation (to hear statements from victims);

1. Written estimate " 2017 Highest 3154";

1. Statement by the defendant in court;

1. Legal statement of the witness D;

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

1. Statement made by the police against D;

1. A report on internal investigation (the submission of photographs of victim's ozone layers);

1. Application of the written estimate statutes;

1. Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act that increases concurrent crimes;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 32 Subparag. 1 Subparag. 3 and Article 25 Subparag. 3 Subparag. 3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits by Dismissal of Application for Compensation (the scope of Defendant’s liability for compensation is not clear). Therefore, it is reasonable to issue an order for compensation in criminal proceedings.

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