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(영문) 광주지방법원 2017.01.12 2016고단4490
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On September 9, 2016, the Defendant damaged property: (a) around 06:20 on September 9, 2016, the victim C in Gwangju Northern-gu, reported that “D” operated by the victim C, at the entrance of the studio at the studio of the Defendant residing in 1 and the residents living in the vicinity of the studio, brought about a dispute with each other; and (b) the Defendant broken down the market price of KRW 300,000 at the entrance of the studio at the above studio.

Accordingly, the defendant damaged the property owned by the victim.

2. On September 9, 2016, the Defendant damaged public goods: (a) was arrested as a current offender of the damage of property from the act, such as D’s “D’s studio in front of the studio,” and was on board the E-A-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A damaged photograph;

1. Application of the written estimate for repair costs;

1. Relevant legal provisions concerning facts constituting an offense, Article 366 of the Criminal Act that selects a punishment ( point of damage to property), Article 141 (1) of the Criminal Act ( point of damage to public property) and choice of imprisonment, respectively;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of the recommended punishment according to the sentencing guidelines: the scope of punishment for one month or 11 month (Obstruction of Performance of Official Duties) [the scope of the recommended punishment] where the value of the article that has been invalidated or destroyed is insignificant in the mitigated area (one month or 8 months) (the special mitigated person] (the scope of the recommended punishment] in the mitigated area (one month or 6 months), the mitigated area (one month or 6 months) [including the person who has been specially mitigated] in the mitigated area (one month or 6 months), or where significant damage has been recovered, the final sentencing scope based on the aggravated punishment for multiple crimes:

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