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(영문) 수원지방법원 평택지원 2019.07.12 2019고단36
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 00:50 on September 6, 2018, the Defendant, who suffered property damage against the victim B, destroyed the repair cost in excess of KRW 100,00,000, by putting the Fabdon XD car’s auxiliary seat, which was parked in the above studio, in the D parking lot located in Ansan-si, the Defendant’s dwelling place in Ansan-si, the Defendant’s dwelling place in Ansan-si, which was located in the above studio.

2. Around 00:53 on September 6, 2018, the Defendant: (a) continuously destroyed things that were in danger of being placed on the floor near the above studio; (b) together with cement taf ( approximately 30 cm, about 18 cm in vertical length) and damaged the Victim G’s G, which was parked there, so that the repair cost of KRW 370,000, which was collected on front glass of the Habbn XD car parked therein amounting to KRW 12,978,94, total market price of the victims owned by the victim seven times in total, such as the list of crimes in attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B, G, I, J, K, L, M and N;

1. Photographss of damaged vehicles, CCTV images to capture, on-site photographs, and written estimates;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a written estimate of damage sustained by the injured party);

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act, and Articles 366 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;

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 [No. 1] Cumulative Offense and Special Destruction and Damage (Special Destruction and Damage of Property ] Scope of Crime and No. 4 (Special Punishment and Damage) (Recommendation Field and Scope of Recommendation Punishment) Scope of Basic Field, 6 months to 1 February;

B. Crimes No. 2 (Special Destruction and Damage of Property) (Determination of Punishment). Cumulative Crime and Special Destruction and Damage (Types No. 1).

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