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(영문) 대전지방법원 2017.02.09 2016고단3106
특수재물손괴등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around July 26, 2016, the Defendant: (a) destroyed the part of the rear part of the HA-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

2. On July 26, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a small-scale car listed in paragraph (1) without obtaining a driver’s license on July 15, 2016, and operated approximately 1.5 km distance from the Lless Youth in K to the above E-building parking lot from the 203rd of the building.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and F;

1. A criminal investigation report and investigation report (a written estimate to be submitted to the victim F);

1. Inquiries into driver's licenses;

1. Written estimate;

1. Application of the Acts and subordinate statutes on photograph description;

1. Article 369 (1), Article 366 of the Criminal Act concerning the facts constituting an offense (a point of destruction of special property), Article 152 subparagraph 1, or Article 43 of the Road Traffic Act (a point of unauthorized Driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Damaging Special Property);

1. Selection of each sentence of imprisonment;

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. Article 62(1) of the Act on Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act) provides that the Defendant shall be punished by the victims upon agreement with the victims, and the victims shall not want to be punished, and the obstruction of decentralization due to alcohol addiction suffered by the Defendant appears to have served as the cause of the instant crime, and the fact that the Defendant has no criminal record of the same kind shall be considered favorable to the Defendant, and the Defendant shall be deemed to have committed December 3, 2014.

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