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(영문) 서울북부지방법원 2019.07.18 2019고단2046
특수재물손괴
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 14, 2019, the Defendant: (a) around 13:38, 2019, at “C” located in Sinung-si B, on the ground that the victim D did not provide the price of goods; (b) at the hack pipe, which is a dangerous object prepared in advance, installed twice the glass door of the high air cooling pipe, thereby damaging the glass door on the market price and the exhaustr for sale in the air condition; (c) destroyed the hack pipe at the market price of 300,000 won, which was located in the calculation unit; and (d) caused the hack pipe at the market price of hack water purifiers at two times, thereby impairing its utility.

Accordingly, the defendant carried dangerous objects and destroyed another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the CCTV video CD-related Acts and subordinate statutes to the crime scene;

1. Article 369 (1) or 366 of the Criminal Act applicable to the crimes and Articles 369 (1) or 366 of the Criminal Act;

1. Taking into account the circumstances where the defendant suffered a considerable economic difficulty due to the failure of the victim to repay his/her debt on the grounds of the sentencing of Article 62(1) of the Criminal Act, it would be deemed that the damage of the goods of the business place operated by the victim, putting a pipe prepared in advance by the defendant, and destroying the goods of the victim, is heavy.

In addition, in full view of the circumstances that are favorable to the defendant, such as the fact that the defendant has been punished several times due to violent crimes, and the fact that the victim does not want the punishment of the defendant, and all the circumstances that form the conditions of sentencing as shown in the records and arguments such as the age, character and conduct, occupation and environment of the defendant, etc., the sentence like the order shall

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