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(영문) 창원지방법원 통영지원 2018.01.10 2017고단1384
특수재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a mutually cafeteria with the trade name “D” on the 2nd floor in Tong-si, Tong-si, and the victim E is the chairman of the above C2 shopping mall.

1. Around 01:00 on September 05, 2017, the Defendant affected special structures: (a) 01:00, operated the “D” as above; and (b) caused damage by failing to pay management expenses to suspend gas supply; (c) removed and destroyed a glass door that was corrected in the office of the said shopping mall’s office, which was managed by the injured party, for the reason that the damaged party discontinued gas supply; and (d) entered the office.

Accordingly, the defendant carried dangerous things and intruded on a structure managed by the injured person.

2. The Defendant, as described in the above paragraph 1, destroyed a door, which is a dangerous object to intrude into the office of the shopping mall managed by the injured party, and broken off the door door, which was opened into the above office, and then has broken off the door door, which was opened at the above office.

Accordingly, the defendant carried dangerous articles and damaged the property of the amount of KRW 600,000 which is the market price managed by the injured person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. A criminal investigation report (attaching photographs, such as the scene of damage);

1. Written estimate of damage;

1. Application of Acts and subordinate statutes to arrest and report cases;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1) and 366 of the Criminal Act concerning the selection of punishment (a point of destroying special property, choice of imprisonment with prison labor), Articles 320 and 319(1) of the Criminal Act (a point of intrusion on special structures);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. The range of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be [the scope of the punishment] habitually, repeated crimes, and special damage and destruction thereof shall be one type (Habitual, repeated crimes, special damage, etc.) of the area of special mitigation (two months to ten months)] (two months from the date of special mitigation], the number of self-denunciation and the sentencing guidelines not to be imposed.

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