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(영문) 대구지방법원 포항지원 2017.06.08 2017고단328
특수재물손괴
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[2] On September 12, 2001, the Defendant was issued a summary order of KRW 500,000,000 as an injury crime in the Daegu District Court Port branch on September 12, 2001; on June 12, 2003, the same court issued a summary order of KRW 700,000 as an offense of violation of the Punishment of Violences, etc. Act; on August 31, 2004, the same court was sentenced to a suspended sentence of KRW 2,00,000 as an offense of injury, etc.; and on February 1, 2007, the Defendant was issued a summary order of KRW 70,00,000 by the same court.

[2] On January 14, 2017, the Defendant: (a) 07:5 on January 14, 2017, and around 07:5, the Defendant: (b) destroyed the repair cost equivalent to KRW 4.80,00 by cutting off the pipe, which is a dangerous object at the string line of the HG car, which is one of its own vehicles, on the ground that the victim does not open the entrance; and (c) cutting off the pipe, which is one of the objects dangerous in the string line of the HG car; and (d) cutting down the studle door kh and the kick number plate, etc., which is owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of criminal facts;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] : habitually, repeated crimes, and special damage (Habitual, repeated crimes, special damage, etc.) in the mitigation area (4 to 10 months) / (including special mitigation factors) in cases where punishment is not imposed (including serious efforts to recover damage) or significant damage is recovered (the decision of sentence] in cases where the defendant is divided into his/her mistake; the victim does not want the punishment of the defendant; the victim does not want to be punished; the defendant's age, environment, sex behavior, motive and means of the crime; and the circumstances after the crime, etc. are considered in all other circumstances that form the sentencing conditions specified in the argument of the instant case, such as the crime.

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