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(영문) 울산지방법원 2017.09.14 2017고단2048
재물손괴
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

1. On April 25, 2017, around 00:50, the Defendant: (a) laid a stone in the D glass window owned by the victim C in Ulsan-gu, Ulsan-gu; and (b) damaged the victim’s property to the extent that the repair cost is equivalent to KRW 900,000.

2. The Defendant: (a) left the victim FF-owned glass window in the north-gu, Ulsan-gu, Ulsan-do; (b) damaged the victim’s property.

3. The Defendant: (a) laid the victim H’s laund at the entrance door of the laundry site owned by the victim H on the one-story G G in Ulsan-gu, Ulsan-gu; and (b) damaged the victim’s property.

4. The Defendant 1: (a) laid a stone on the multi-face glass hold owned by the injured party J in Ulsan-gu, Ulsan-gu I and damaged the victim’s property so that the repair cost of KRW 2.4 million would be increased.

5. The Defendant 2 destroyed the property of the victim by gathering bricks at 3 places in the multi-purpose glass window owned by the victim L in the 2nd Limit of Ulsan-gu, Ulsan-gu, Ulsan-do, Seoul-do.

As a result, the defendant went in the U.S. Northern-gu M, and collected stones in glass windows or entrance doors without any justifiable reason, and damaged the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Written statements of victims;

1. Application of the 112 Report processing table, damaged photograph, and written estimate under statutes;

1. Article 366 of the Criminal Act, the choice of imprisonment and punishment for the 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of final sentencing due to the increase of multiple offenses in the mitigated area (one to six months from January, the penalty is not imposed, or the damage is recovered), one of the types of punishment recommended according to the sentencing criteria: January to November; and

2. Circumstances unfavorable to the reasons for sentencing: A favorable circumstances such as: (a) the use of violence against many unspecified persons, the degree of damage, and the punishment of a fine for a similar crime; (b) the fact that the instant crime was committed again; and (c) the possibility of re-offending; and (d) the possibility of re-offending; (b) the Defendant committed the instant crime.

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