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(영문) 대구지방법원 서부지원 2019.03.13 2018고단2925
특수재물손괴
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:00 on October 11, 2018, the Defendant found the victim C (year 42) who is one’s pro-friendly B residing in the building, and tried to communicate several monetary issues to the above B, but avoided some contacts, and did not contact to the B, and broken off the glass of the outside mail of the above building, and the entrance and exit of the door. The Defendant laid off the watch inside the warehouse, carried out the watch of the outside and the outer glass windows of the E, in which B resides into the said building, carried out several external glass windows and the outer glass windows of the said building, and destroyed them with the front door 2 and the door 2 of the just of the Lstrost and the vege, and destroyed by the boiler and boiler, and destroyed the hives and the hives by the hick.

As a result, the defendant carried a dangerous article, and destroyed the property owned by the victim to be repaired as a repair cost (the amount equivalent to KRW 10 million for the victim's presumption).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Drawings, pictures, on-site photographs, photographs of criminal tools, and damaged photographs;

1. Application of Acts and subordinate statutes to a report on investigation (the amount of damage presumed by the victim);

1. Relevant Articles 369(1) and 366 of the Criminal Act and the choice of punishment concerning the facts constituting an offense;

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

1. The scope of punishment by law: Imprisonment for one to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] [the category 1] repeated crimes, special damage and destruction [the special damage and damage] [the mitigated factors]: In cases where the punishment is not granted (including serious efforts to recover damage), or a significant damage is recovered (the scope of the recommended punishment and the scope of the recommended punishment], the mitigated area of imprisonment with labor for one month through August;

3. Determination of sentence: Imprisonment with prison labor for not less than six months (two years suspension of execution of sentence): The use of dangerous goods and circumstances which are favorable to the extent of damage: the confession, the fact that the damage is being caused, and the agreement is reached with the victim.

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