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(영문) 의정부지방법원 2017.06.30 2017고단2161
재물손괴
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 4, 2017, at around 00:0, the Defendant: (a) changed alcohol in D D stores operated by the Victim C in Namyang-si, Namyang-si; (b) but the victim refused to operate his business during a certain period of time; and (c) destroyed the Defendant’s door door door, which is equivalent to KRW 300,000 in the market value.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on investigation, investigation, and report on investigation (a statement of a victim);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] is the general standard for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14448, Apr. 2, 2008). The defendant has already been punished for the same kind of crime several times, and the defendant has already been sufficiently agreed with the victim or was unable to recover from full damage caused by the victim. The defendant needs to be strictly punished.

However, in full view of the various circumstances, such as the confession of the Defendant to commit the instant crime, the fact that there was no record of punishment exceeding the fine, and the age, sexual conduct, the process and motive leading to the instant crime, the circumstances before and after the instant crime, etc., and the conditions for sentencing as shown in the records and arguments, the punishment as ordered shall be determined.

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