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(영문) 창원지방법원 통영지원 2016.09.07 2016고단866
재물손괴
Text

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

On January 2015, the Defendant: (a) while drinking with D and alcohol within the main points of the Victim C’s Operation, which were operated from around 22:00 to 23:59, the Defendant destroyed the property equivalent to KRW 2,296,000 in total market price by fighting 32 kel television, the market price of which is equivalent to KRW 400,000, which is the victim’s possession, owned by the said main points, on the ground that he/she did not comply with the mutual opinion on his/her duties, on the ground that he/she did not conform to the agreement on his/her duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes governing petitions, estimates, and photographs damaged;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Reduction area (one month to six months) (special mitigation area) mitigation area (one month to six months) according to the sentencing guidelines for the Supreme Court, the scope of recommending punishment [the scope of recommending punishment] according to the general criteria for the sentencing of the Supreme Court;

2. Determination of sentence - Determination of favorable circumstances: Agreement with the victim;

- Unfavorable circumstances: Property that has revealed considerable violence and has been destroyed is considerably considerably.

(k) has been punished several times, including punishment for a crime related to the same kind of violence;

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, shall be taken into consideration to determine the Defendant’s punishment, and orders to attend lectures shall be added with the risk of recidivism, reflectiveness, and reflect.

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