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(영문) 인천지방법원 2017.11.29 2017고단6535
특수재물손괴
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 31, 2017, the Defendant: (a) around 19:00, at the “F cafeteria” operated by the victim E in Seo-gu Incheon, Seo-gu, Incheon; (b) citing bricks, without any justifiable reason, which are dangerous objects located therein; and (c) broken down the above door door, which is the victim’s own free window, so that the repair cost would be equivalent to 600,000 won.

In this respect, the defendant carried a brick, which is a dangerous object, and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act [the scope of the recommended sentence] Habitual, repeated crime, special damage (Habitual, repeated crime, special damage, etc.) / [the period from April to October] in the mitigation area (including the person who has been specially mitigated] in cases where the punishment is not imposed (including the serious effort to recover damage) or significant damage has been restored (the decision of sentencing] under the following circumstances, comprehensively taking into account the sentencing conditions specified in the trial process of this case, such as the defendant's age, sex, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc., within the scope of the recommended sentence.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

All damage recovery and agreed with the victim.

The defendant is receiving treatment with alcohol dependence and not repeating the crime.

Unfavorable circumstances: The defendant has been punished several times in the past, and some of them have been punished by imprisonment without prison labor or more.

The crime of this case is not likely to be committed by damaging dangerous objects.

In light of the criminal records of the defendant's necessity of medical treatment order, recidivism is likely to be committed.

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