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(영문) 서울남부지방법원 2018.11.23 2018고단4480
특수재물손괴
Text

A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. From July 16, 2018, around 00:50 on July 16, 2018, the Defendant laid down two bricks, which are dangerous articles in Geumcheon-gu Seoul Metropolitan Government D’E’s operation of the Victim C, and broken down the above glass door.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

2. On the date and time set forth in the above paragraph 1, the Defendant laid down one brick, which is a dangerous object in front of the cosmetics operated by the victim F in Geumcheon-gu Seoul Metropolitan Government, at the time of the crime against the victim F, and broken down the above glass window.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of C, F, and H;

1. Application of Acts and subordinate statutes to the CCTV CD reproduction result;

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

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. The crime of this case on the grounds of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is highly dangerous in light of the means of crime and the content of the crime, and the defendant is issued a summary order of a fine of KRW 3 million for special intimidation on March 2018 and is pending in trial upon receiving a request for formal trial, but the defendant has committed the crime of this case, it is necessary to strictly punish the defendant when considering unfavorable circumstances, such as the fact that the defendant committed the crime of this case.

However, in consideration of the favorable circumstances such as agreed with the victims, the age and environment of the defendants, and the various circumstances shown in the records and trial process of this case, the punishment as ordered shall be determined.

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