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(영문) 서울서부지방법원 2016.05.25 2016고단861
특수재물손괴
Text

A defendant shall be punished by imprisonment with prison labor for four 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 March 3, 2016, at around 20:55, the Defendant, without any justifiable reason, set each item (2.5m, 2.5m in length, 15cm in width, 10cm in length, 10cm in length) on a vehicle owned by the victim B for a c white NF soft-type 8m in front of Mapo-gu Seoul, Mapo-gu, Seoul, 28m (Mari-dong), with the upper part of the driver's seat of the vehicle put the victim on the vehicle owned by the victim B, and continued to put the said item on the vehicle E in the color of the victim Eul owned by the victim, and put it on the front part of the vehicle.

Accordingly, the defendant carried dangerous articles and destroyed the above vehicles owned by the victim B so that the above vehicles owned by the victim D can be repaired non-repaired, and the above vehicles owned by the victim D are damaged by the repair cost of KRW 492,501.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (a written estimate and photograph to be submitted to victim D);

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

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Two crimes for the reasons of sentencing in Article 62-2 of the Criminal Act for the protection and observation of the protection and the sentencing of Article 62-2: (a) the first crime [the scope of the recommended punishment] for the mitigation area (4 months to 10 months] for the mitigation area (including the special mitigation person] for the special mitigation area] for the mitigation area (including the advanced effort to recover damage) for the special mitigation area) for which there is no punishment for repeated crimes and special damage (the determination of the punishment of this case] for August to 1 year [the determination of the punishment of this case] for all of the crimes of this case are recognized by the defendant and wrong, the victim of this case is not subject to punishment for the defendant, and the victim's health is not subject to punishment of the defendant; (b) the age limit of the defendant; (c) the victim of this case is not subject to punishment; and (d) the extent of the final sentence according to the majority aggravation.

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