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(영문) 수원지방법원 안산지원 2018.02.13 2017고단2674
재물손괴
Text

A defendant shall be punished by imprisonment for four months.

However, 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

1. On May 18, 2017, the Defendant damaged the repair cost of KRW 95,000,00, by walking a string of the knex driver’s knife, the victim E, who was parked at the front of the D Mart located in Sinung City, without any justifiable reason, around May 18, 2017.

2. The Defendant attempted to destroy property at the same time and place as set forth in Paragraph 1, and without any justifiable reason, the Defendant attempted to walk a hiver of the hiver of the hiver vehicle owned by G, which was parked at the same time and place as set forth in paragraph 1, with a view to breaking it by a plucking, and then damaging it by hand, but did not bring it into action, and attempted to damage another’s property at least four times from the above day to 20:30 on the same day, such as the list of crimes, but did not bring it into action and did not result in attempted crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and E;

1. Written estimate of victim E;

1. Photographs damaged by property;

1. Application of Acts and subordinate statutes to reports on internal investigation and reports on internal investigation (for the purpose of victim J)

1. Relevant legal provisions concerning facts constituting an offense, Article 366 of the Criminal Act selection of punishment (the point of destruction of property), Articles 371 and 366 of the Criminal Act (the point of attempted destruction of property) and choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection [the scope of recommended punishment] is that the case where the actual damage is minor (one month to six months) in the area of special mitigation (such as damage to property), where the actual damage is minor, the case where the penalty is not imposed (including a serious effort to recover damage) or considerable damage has been restored (the decision of sentence] where the defendant has the record of being punished for the same kind of crime several times.

However, the defendant's mistake is recognized and reflected, and it is a crime of damage to the property of this case.

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