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(영문) 서울북부지방법원 2019.08.14 2019고단1722
재물손괴
Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that 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

On April 9, 2019, at around 23:01, the Defendant destroyed the front door signboard in Dongdaemun-gu Seoul, Dongdaemun-gu, on the ground of the elimination of stress, the Defendant destroyed the wind-line standing signboard (e.g., fish-line signboard) of an amount of KRW 300,000 at the market price managed by the victim D on the ground of eliminating stress.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of D police statement;

1. A detailed statement of photographs, closure photographs, and purchase of damaged products;

1. Application of CD-related Acts and subordinate statutes

1. Article 366 of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence [the scope of recommending punishment] is the general standard for sentencing under Article 62(1) of the Criminal Code. In view of the fact that the defendant has the same criminal power during the last one year, even though there is a number of years during which the defendant had the same kind of criminal power, it is necessary to strictly punish the defendant without any particular reason.

However, the defendant's punishment shall be determined in consideration of the fact that the defendant commits a mistake, and that the defendant has no past force.

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