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(영문) 수원지방법원 성남지원 2017.01.18 2016고단2977
특수재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On July 2, 2016, the Defendant damaged special property by carrying dangerous things and destroying the victim’s property by taking them into consideration, on the ground that the victim D (32 aged) who is a charged worker, was drunk, fluored in the vicinity of the camping tower in Seongbuk-si, Sungnam-si, Sungnam-si, and on the ground that the victim D (32 aged) was drunk.

2. On July 3, 2016, the Defendant: (a) around 05:00, on the street in front of the mother located in Sungnam-si, Sungnam-si; (b) the victim D, under the influence of alcohol as described in the foregoing 1., left a taxi and returned to the cab owned by the victim; (c) was handed over the said vehicle from the F driving the said vehicle to the victim upon the request of the victim to return the said vehicle.

The Defendant immediately drive the said vehicle and parked the said vehicle in the seat of the parking lot in the H house located in the Defendant’s residence in Gwangju City, and removed the number plate, and then parked the IK5 vehicle in front of the Defendant, so that the damaged person cannot detect the said vehicle, and did not receive the victim’s telephone seeking the said vehicle.

Accordingly, the defendant refused to return the vehicle while keeping the above vehicle owned by the victim.

3. The Defendant violated the Automobile Management Act: (a) at the H housing parking lot located in the Defendant’s residence at the time of the foregoing 2. On the same day, as described in the foregoing 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A photograph of a CCTV image to be cut;

1. Application of the police seizure protocol statutes;

1. Relevant Articles 369(1), 366, and 355(1) of the Criminal Act concerning the facts constituting an offense; Articles 81 subparag. 1 and 10(2) of the Automobile Management Act; Articles 81 subparag. 1 and 10(2) of the same Act concerning the selection of imprisonment;

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 Code of the Suspension of Execution (which reflects the fact and is agreed with the victim).

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