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(영문) 서울남부지방법원 2018.11.06 2018고단4418
재물손괴
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

On August 6, 2018, at around 10:20, the Defendant destroyed the victim C’s 3 stuffs of 4,680 won at the market price owned by the Defendant at around the front of Geumcheon-gu Seoul Metropolitan Government (total of 36 C) in a way of throwing the wall.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of statutes, such as site photographs;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. In light of the fact that the Defendant committed the instant crime without any particular reason in sentencing under Article 62-2 of the Criminal Act with respect to the observation of protection and observation, the Defendant need to strictly punish the Defendant in consideration of the unfavorable circumstances, such as the fact that the Defendant committed the instant crime without any specific reason, the injury and damage of glass bottles in light of the method of crime, and the number of times of having been punished for multiple crimes, and the number of violent crimes are included in

However, that the defendant is a confession, and that the defendant does not repeat again.

A suspended sentence of imprisonment shall be imposed only once, taking into account the fact that the injured party is suffering from the defendant's wife by the smooth agreement with the injured party, and the possibility of recidivism shall be taken into account, and the protection and observation for one year shall be added.

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