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(영문) 광주지방법원 2018.04.20 2018고단287
특수재물손괴
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

At around 03:00 on September 30, 2017, the Defendant included KRW 30,000 in cash to extract human form from a machine installed adjacent to the victim D's main points located adjacent to Gwangju Northern-gu C, but on the ground that the machinery does not operate and build a human body, the Defendant caused the damage of property by putting about approximately KRW 120,000 in the repair cost into the glass of the said machine after putting the brick, which is a dangerous object in the surrounding area, on the ground that the machinery does not run.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to photographs around the site;

1. Articles 369 (1) and 366 of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] : (a) habitually, repeated crimes, and special damage prevention area (i.e., habitual, repeated crimes and special damage) ; (b) non-execution of imprisonment with prison labor is suspended, taking into account the following factors: (c) non-execution of punishment (a) as agreed with the victim; (d) damage is relatively minor; (e) recognition of and reflects on the crime; (d) Defendant’s age, sex, family environment; (e) motive and circumstance of the crime; and (e) circumstances after the crime; and (e) protection, observation, and community service is ordered to prevent recidivism; and (e) the execution of imprisonment with prison labor is suspended in order to prevent recidivism.

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