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(영문) 대구지방법원 2019.08.23 2019고단306
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

On January 4, 2019, at around 23:15, the Defendant collected concrete bricks (a 10cm, 10cm) which is a dangerous object on the street without any justifiable reason, and damaged the victim’s market price at KRW 70,000,00 of the market price.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Investigation report (the sequence 7,10 Nos. 7 and 10 of evidence list);

1. Application of statutes on site photographs;

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. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the range of punishment] the scope of repeated crimes, special damage [the category 1] the repeated crimes, special damage [the special person] - the mitigated factors: where actual damage is minor, the penalty is not granted (including serious efforts to recover damage), or a significant damage has been recovered (the scope of the recommended area and the recommended punishment] the area of special mitigation, the range of imprisonment with labor for one month to eight months [the general person] [the reasons for suspension of execution] - Where actual damage is minor due to damage, the amount of punishment is not imposed (including serious efforts to recover damage) or a significant damage has not been completely recovered;

3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes, and the same crimes have been committed even though there are many criminal records of the same kind of violence.

The favorable circumstances are confession and reflective.

(k) damage;

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