logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.11.15 2018고단1771
특수재물손괴
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 23, 2018, at around 04:30, the Defendant: (a) driven the Defendant’s Trackter, a dangerous object, and destroyed the market price of KRW 6.220,00,00, such as the party’s house entrance, wall, glass, and air conditioners, by driving the Defendant’s Trackter on several occasions from around 20:00 to around 03:00 on the day without any justifiable reason, for the reason that the Defendant was under the influence of alcohol to the victim at one’s own house, but the Defendant did not comply with the request; and (b) destroyed the Defendant’s Track, which was a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of three copies of a damaged photograph to the Acts and subordinate statutes;

1. Relevant Article 369 of the Criminal Act; Articles 369 (1) and 366 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The sentencing guidelines [Scope of recommended punishment] and the area where the mitigation area (one month to eight months), such as the punishment for a repeated crime and special damage (a repeated crime, special damage, etc.) (including a person who has been specially mitigated), or a significant damage has been recovered;

2. The sentence shall be determined as ordered by taking into account the following circumstances following the determination of sentence and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

The fact that the nature of the crime is bad because the defendant has damaged part of the house by taking the residence of the victim as a dangerous object, the fact that the previous violent crime has been led to three times punishment, the fact that the defendant has agreed smoothly with the victim, the fact that there is no other penalty power since 2003.

arrow