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(영문) 의정부지방법원 2016.11.08 2016고단4196
특수재물손괴
Text

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

At around 12:30 on September 24, 2016, the Defendant: (a) laid off two computers for office work in an amount of KRW 8,000,00 in total of the market price of the victim owned by the Defendant; (b) one set of CCTV monitors; (c) one set of CCTV monitors; and (d) one set of documents, one set of documents (10 cm length, 35 cm length in total) prior to the entrance container office of the D Company operated by the victim C, which was located in the Namyang-si-si, and then damaged the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. A report on investigation (to hear statements from victims);

1. Written estimate;

1. Application of suspect, seized articles, on-site photographs and statutes;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [Scope of Recommendation] Habitual, repeated crime, special damage (Habitual, Habitual, Habitual, Special Damage, etc.) / [Special Mitigation] / In the mitigated area (4 to 10 months) / [including serious efforts to recover damage] / in a case where considerable damage has been restored to the mitigated area (decision of sentence] or / [decision of sentence] : The circumstances that are favorable to the fact that the crime is committed, such as the deprivation of hand and display, etc., are very good; the fact that the defendant is led to the confession and reflect of the crime in this case; the victim agreed with the victim that he does not want criminal punishment; the victim’s health condition and the defendant’s age, character and behavior, family relationship, family environment, motive and motive of the crime in this case; and other circumstances that are the conditions of sentencing as indicated in the records after the crime in this case.

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