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(영문) 수원지방법원 안산지원 2019.10.23 2019고단1599
재물손괴
Text

A defendant shall be punished by imprisonment 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

Punishment of the crime

On August 17, 2018, at least 01:13, the Defendant destroyed the vehicle in front of the recyclable waste collection site located in B apartment C, which was parked in the area, to cover repair costs equivalent to KRW 1,657,866, such as the front gate seal, in a way that flag is flaged from the front gate portion to the rear gate part of the EM5 car, the victim D, who was parked in the area.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Specifications of checking and maintaining automobiles;

1. Application of the Acts and subordinate statutes on site photographs and CCTV images photographs at the site of the case;

1. Article 366 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

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

1. The scope of recommended sentences [decision of types] according to the sentencing guidelines and the general standard [Type 1] destruction, damage, etc. of property [the scope of recommended sphere and recommendation range] basic area, April through October of imprisonment; and

2. Determination of sentence: Determination of sentence: The degree of damage is not significant, considering all the circumstances, such as the defendant's health status, although it is deemed that the defendant committed a planned crime and did not recover damage, etc.;

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