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(영문) 서울서부지방법원 2018.02.09 2017고단3102
특수재물손괴
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 02, 2017, the Defendant: (a) at the front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul around 10:20, the Defendant: (b) laid the windows of the Dppppacking vehicles owned by the victim C (Y, 53 years old); and (c) demanded the victim, who was in the driver’s seat of the said vehicle, to park the said vehicle; (b) the victim was unsatisfed by the locking, but (c) the victim was broken off at the locking, and broken down with the network value (10cm wide, 32cm long) which is a dangerous object.

As a result, the defendant damaged the property owned by the victim so that the repair cost of approximately KRW 100,000 is excessive.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. Application of statutes on field photographs;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that there are circumstances to consider the motive of the crime, such as not occurring even if the victim was faced with stringing the vehicle in front of the place of business and stringing its windows, etc., and the victim did not want the punishment, considering the favorable circumstances, or the fact that the defendant was punished for violence-related crimes, and that there is a large number of records of criminal punishment against the defendant, and that the defendant was not good for the crime by unloading the glass, which is a dangerous object, the punishment as ordered by the order shall be determined in consideration of the defendant's age, sexual behavior, environment, etc.

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