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(영문) 춘천지방법원 영월지원 2019.10.01 2019고단167
특수재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

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. Around November 16, 2018, the Defendant damaged the front glass of the said vehicle, etc. so that the Defendant was at least KRW 1,230,000 won of the repair cost, on the ground that the victim D (here, 30 years of age) was able to take a bath to the Defendant by telephone without having the Defendant talked with the Defendant in the C entertainment tavern parking lot located in Gangwon-gun, Suwon-gun, Gangwon-gun, Seoul-gun, the Defendant damaged the front glass of the said vehicle, etc.

2. The Defendant sent a text message to the victim’s mobile phone for the same reason as the date, time, place, etc. set forth in paragraph 1, stating that “The Defendant shall be sent to the victim’s mobile phone for the same reason as that set forth in paragraph 1, and threatened the victim by sending it to the victim’s mobile phone.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes concerning each photograph, quotation, and closure of a motion picture;

1. Relevant Article 369(1) and 366 of the Criminal Act, Article 283(1) of the Criminal Act and Article 283(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Destruction and Damage of Property) (Determination of Pronouncement of Punishment) and Special Destruction and Damage [Type 1] No person who commits a repeated crime and special Destruction and Damage [No person who is a special offender] [the scope of recommending area and recommendation] basic area, imprisonment with labor for six months to one year and two months;

(b) The basic area of the second crime (determination of types of intimidation) [Article 1] and the general intimidation [Article 1] (Scope of recommendations and recommendations] and the basic area of the second crime (determination of types of intimidation) (Article 1) and two months to one year;

(c) Scope of recommendations according to the standards for handling multiple crimes: Six months to one year (the maximum of crimes No. 2).

3. The defendant who is sentenced to punishment shall be an employee of an amusement business establishment;

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