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(영문) 울산지방법원 2017.09.25 2017고단3000
재물손괴등
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

1. On July 29, 2017, the Defendant damaged one of the 450,000 won at a D restaurant operated by the victim C in Ulsan-dong, Ulsan-gu, Ulsan-gu, and one of the 450,000,000 won at the market price, by putting the breable table, which she had his own meals out of the breath, and making the breath of the breath’s face when drinking the breath’s face, and making the breath of the breath’s face

2. On July 29, 2017, around 19:54, the Defendant damaged public goods, while being investigated at the office of the criminal watch team in the Dong-dong Police Station in Ulsan-dong, Ulsan-dong, Ulsan-dong, a four-lane 11, on the charge of property damage under the preceding paragraph, and damaged the repair cost to the extent that the repair cost would be KRW 230,000 by exposing a computer monitor on the books of the F border belonging to the above police station where the Defendant was investigated.

Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of each photograph and receipt statute;

1. Article 141 (1) and Article 366 of the Criminal Act concerning the facts constituting an offense;

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 suspended execution;

1. Protection observation, medical treatment, custody, etc. Act;

1. Article 62-2 of the Social Service Order Criminal Act / Sentencing / Sentencing of the same type of crime, the risk of recidivism exists, but there is no past record of punishment heavier than that of the suspension of execution due to the same kind of crime, the decision of the suspension of execution within the scope of the damage scope of the sentencing guidelines, the basic scope of damage to the public property, and the defendant's behavior of drinking alcohol appears to be one of the important causes of the crime of this case, and thus, the need for medical treatment for respect of alcohol of the defendant is recognized. Thus, the prevention of recidivism or the defendant's effective return to society is recognized.

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