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(영문) 수원지방법원 2018.10.16 2018고단278
특수재물손괴
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 27, 2017, at around 20:15, the Defendant: (a) destroyed the said car by exposing the door door of the driver’s seat of the said car on the ground that the victim D’s car parked in front of the 2nd entrance of the notice, which was parked in the front of the 3nd entrance of the notice, interfered with the entry into the public notice tele; (b) cutting off the 50cm of the vehicle, which is a dangerous object in the surrounding area, and cutting off the back glass of the said car so that it can cause damage to the repair cost.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A criminal investigation report (on-site conditions);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 369 of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act, reasons for sentencing of sentence of imprisonment, and reasons for sentencing;

1. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] the basic area (from August to June) of the first type (Habitual, repeated crimes, special damage, etc.) (the period from August to June) of habitual, repeated crimes, and special damage and damage shall not be included;

2. The Defendant, while making a judgment on sentence, called a deduction of parked vehicles at the entrance of the Gosiwon, committed the instant crime that damages the free will of the vehicle under each item, by failing to receive a telephone.

The defendant has been sentenced to punishment due to violent crimes, such as punishment, suspension of execution, fine, etc., and the crime of this case also committed during the suspension period of execution due to interference with business.

However, in light of the above unfavorable circumstances, the defendant is sentenced to the same sentence as the order in consideration of the defendant's age, sex, environment, motive, means and consequence of the defendant's crime of this case, circumstances before and after the crime of this case, and other various factors of sentencing as stipulated in Article 51 of the Criminal Act, which are shown in the records of this case.

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