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(영문) 수원지방법원 안산지원 2019.07.10 2019고단1197
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

At around 03:30 on February 14, 2019, the Defendant, under the influence of alcohol, destroyed the repair cost to walk a stringr on the side of the driver’s seat of the D HST7 car that was parked in the place without any justifiable reason, thereby damaging the amount of KRW 300,000,00 for the repair cost. On the other hand, the Defendant continued to walk a stringer on the side of the driver’s seat of the FHM7 car, which is owned by the victim E, to walk the 80,000,000 won for the repair cost, and damaged the Defendant to walk the driver’s seat of the HSM7 car, which is owned by the victim, to walk the 80,000,000 won for the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement G and C;

1. On-site photographs and CCTV analysis photographs;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image analysis);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that Defendant was subject to a summary order of KRW 5 million for the crime of injury on April 19, 2018. On August 8, 2018, Defendant committed the instant crime of property damage under the influence of alcohol without being subject to prosecution on the charge of injury on or around August 8, 2018, and committed the instant crime under the influence of alcohol. However, even though damage was relatively minor, the victims were paid a full amount of agreement and recovered from damage, and the Defendant was able to not repeat the crime while reflecting the depth of the agreement, etc., the sentence as indicated in the records shall be determined as ordered.

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