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(영문) 춘천지방법원 원주지원 2017.10.18 2017고단729
특수재물손괴
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 20, 2017, around 06:26, the Defendant: (a) laid off the victim C's DNA apartment B apartment house 102, which was parked there, without any justifiable reason before the 102 Dong-si, with his hand, and then laid down a stone, which is a dangerous object in the surrounding area; and (b) destroyed the above 360,000 won of the repair cost, which was early down on the obba, so that the Defendant 360,000 won of the repair cost may be moved.

2. On June 20, 2017, the Defendant laid down bricks, which are dangerous objects in CCTV managed by the victim E at the entrance of the 102 apartment unit B at the original city, at around 09:02, the Defendant destroyed the said CCTV so as to cover KRW 150,000 for repair costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. Ctv course photographs;

1. Application of investigation reports (verification of estimate of damage), written estimates, and written estimates;

1. Relevant Article 369 of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act, and the choice of imprisonment for the crime;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the following factors favorable to the sentencing)

1. The scope of the final sentence due to the aggravated crimes in cases of Class 1 and 2 of the sentencing guidelines [the scope of the recommended punishment] habitually, repeated crimes, special damage (Habitual, repeated crimes, special damage, etc.) and Class 1 of the mitigated area ( April to 10), [the person who is subject to special mitigation] the punishment not (including serious efforts to recover damage), or substantial damage has been restored: April to March 1;

2. The sentence shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the defendant's age, sex, environment, motive and circumstances after the crime, as shown below the sentence, and other circumstances.

Unfavorable circumstances: Damage to another person's property due to dangerous articles without any special reason, and the liability for the crime is not against the law.

A favorable condition: There is no record of criminal punishment, as well as punishment of a fine twice.

Damage has been recovered, and victims have been punished.

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