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(영문) 창원지방법원 2017.04.28 2017고단512
재물손괴
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 December 31, 2016, at around 23:35, the Defendant: (a) damaged the Defendant’s pharmacy front corridor of the 1st floor of Kimhae-si B building in a way that the Defendant complained against the Defendant’s wife and currency, and (b) caused the Victim D’s reinforced glass-free fishing at the victim D’s pharmacy to be cut back, and (c) caused the said reinforcement glass to be broken up to KRW 700,000,000,000, in a near place.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant Article of the Criminal Act and Article 366 of the Criminal Act concerning the crime. Article 366 (Punishment of Imprisonment);

1. Persons who are sentenced to special sentencing guidelines from January to June, such as the damage of property, etc. to be subject to the basic aggravation of the classification of types of punishment, the suspended sentence, protection observation and lecture order, and the sentencing guidelines under Articles 62 (1) and 62-2 of the Social Service Order Act: The amount of punishment recommended to be mitigated (unlimited to punishment for January to June): General sentencing factors (unlimited to punishment for January) in the mitigated area: Imprisonment with prison labor for a period of 8/ suspended sentence for a period of 2 years, community service and 40 hours: Imprisonment for a period of 6/ suspended sentence for a period of 2 years, protection observation, lecture order, 80 hours in attendance, community service and 40 aggravated hours: for a short period of time (five times in total), confession, grounds for mitigation, victim's non-guilty punishment, treatment of the offender and need for relief, etc.:

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