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(영문) 춘천지방법원 영월지원 2018.08.07 2018고단220
특수재물손괴등
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

On March 7, 2018, from around 01:40 to around 02:00, the Defendant: (a) demanded the victim to drink alcohol at D main points operated by the victim C in Gangwon-gun, Gangwon-do; (b) but, on the ground that the victim refused it, the victim was able to take a bath to the victim; (c) cut the table by drinking; (d) cut off the table, cut off the table, cut off the table, cut off the strings and glass, cut down the table, cut off the table, cut off the table in his hand, cut off the strings and strings on the entrance and TV monitors; and (e) put up a strings, which are dangerous objects, on the door of the door and TV monitors.

Accordingly, the defendant carried dangerous articles and destroyed the victim's market price of about one million won, and interfered with the victim's main operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. E statements;

1. A report on internal investigation (on-site mobilization status, etc.);

1. On-site photographs;

1. Application of Acts and subordinate statutes concerning the investigation report (amount of damage);

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 314(1) of the Criminal Act, and the choice of imprisonment for a crime;

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. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include the following favorable circumstances: (a) the Defendant recognized each of the instant offenses; (b) agreed with the victim; and (c) the victim expressed his/her intent not to have the Defendant punished; and (c) the Defendant has the record of having been punished for the same kind of offense; and (d) other unfavorable circumstances such as the Defendant’s character and conduct, environment, motive and circumstance leading to the instant offense; and (e) the circumstances before and after the instant offense, etc.

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