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(영문) 창원지방법원 통영지원 2017.10.11 2017고단957
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 April 26, 2017, the Defendant, on April 26, 2017, destroyed the 748,911 won of the repair cost of the vehicle, i.e., the Defendant, on the ground that: (a) around the 14:20 SM5 passenger vehicles parked in C Hague-si B, located in front of the Hague-si B, would interfere with the delivery of the vehicle; and (b) on the ground that it would interfere with the delivery of the vehicle by the victim’s SM5 passenger vehicles parked in front of the Hague-si shop.

2. On May 21, 2017, the Defendant destroyed the property amounting to 818,000 won at the market price, such as Liberia and Arabic clothes, which were located in the display site, on the ground that, around May 21, 2017, around 19:50, the Defendant did not immediately exchange the newly purchased goods despite any defect in the newly purchased goods prior to one month.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Each damaged photograph;

1. The application of Acts and subordinate statutes to each investigation report (a written estimate attached to a written estimate, a statement of a reporter), and a written estimate attached to a report;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of applicable sentences under law: Imprisonment for one month to four years; and

2. Scope of the recommended sentences according to the sentencing criteria;

A. First-Class 1 (Scope of Recommendation) basic area (from April to October) (special sentencing factors) of the first-Class 1 (property damage, etc.) is not included in the general standard

(b) The final range of punishment due to the aggravation of crimes No. 2 [the scope of recommended punishment] and No. 1 (property damage, etc.) in the basic area (No. 4 months to 10 months) [the person who is subject to special sentencing]: April to January 1.

3. The defendant who was sentenced to a suspended sentence of imprisonment and a fine for the same crime has served as a result of the same crime, and the court has recognized each of the crimes in this case and reflected it in the process of investigation, but the legitimacy of his act in the course of investigation.

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