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(영문) 창원지방법원 2020.10.22 2020고단2055
재물손괴
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

On November 2, 2019, at around 23:25, the Defendant damaged the property of the victim by spreading one copy of the glass hold (Gae 30cm x 70cm x 70cm) owned by the victim, which came to a dispute with the victim Eul, at five ocs of Dju, operated by the victim C, who was in the window B of Changwon-si, with a view to spreading the beer's disease toward the glass space, and destroying the victim's free hold (Gae 30cm x 70cm m) with a repair cost of one hundred thousand won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. 112. List of reported cases;

1. Photographs photographs of each damaged scene;

1. Application of investigation reports (number 8), specifications of transactions, and receipt Acts and subordinate statutes;

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. In light of the fact that the Defendant was punished once by a fine due to property damage and one-time suspension of the execution of imprisonment even before the instant case, the Defendant’s responsibility for the instant crime is not minor, when considering the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act.

However, it is reasonable to consider that the defendant reflects his mistake and that the defendant agreed with the victim.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, motive, background, means, and consequence of the instant crime, and all the factors of sentencing as shown in the arguments and records, including circumstances after the crime.

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