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(영문) 대구지방법원 포항지원 2019.01.24 2018고단1517
특수재물손괴
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A defendant shall be punished by imprisonment for six 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

On November 15, 2018, the Defendant had a negative dispute with C on the ground that the Defendant had d'D' office path of the operation of the C in South-gu, Southern-gu, Seoul-si.

On November 17, 2017, the Defendant had a mind that he had such a dispute with C, and had three stone with a dangerous object, which was prepared in advance on the front of the office, and damaged the car owned by the victim E (the 29-year-old) who was managed by C, to have the said car 6,226,818 won.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes related to internal investigation reports (in cases of attaching photographs of field and damaged vehicles), internal investigation reports (in cases of committing a crime, a copy of a vehicle registration certificate), investigation reports (in cases of cutting CCTV images and CDs), investigation reports (in cases of attaching estimates for damage, etc.);

1. Articles 369 (1) and 366 of the Criminal Act applicable to the crimes;

1. Selection of alternative imprisonment with prison labor (in consideration of the fact that the nature of the instant crime is extremely poor, damage to property, or violence, etc., five times or five times or five times or five times or more due to preparing stone with a stone, which is a dangerous object, and the motive, method, and risk resulting therefrom, etc. of the instant crime, which has been collected several times to inflict damage on a damaged vehicle);

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2006Do148, Apr. 1, 2006)

1. Probation under Article 62-2 of the Criminal Act;

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