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(영문) 전주지방법원 남원지원 2016.08.09 2016고단86
재물손괴
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 30, 2016, the Defendant: (a) around 00:16, at the 101 side parking lot of the 101 East-si, Namwon-si, the Defendant: (b) set up a Da Mart car, the victim C, which was not good for a common sense; and (c) without any justifiable reason, laid down the above glass by 5 times around the front glass of the said car.

Accordingly, the defendant damaged the victim's property to repair cost of 170,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes, such as field CCTV photographs;

1. Article 366 of the Criminal Act applicable to the crime and Article 366 of the choice of punishment (Selection of imprisonment, in consideration of the fact that the defendant commits the crime of this case during the period of suspension of execution and that the criminal records from violent crimes are considerably many);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1));

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