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(영문) 인천지방법원 2017.08.31 2017고단5337
특수재물손괴
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 9, 2017, the Defendant, at around 11:20, damaged the repair cost of KRW 1,720,376 by putting the door door gates of wooden material, owned by the victim, with the view to the gate gate gates of wooden material, which is a dangerous object, in front of the window 343-2 in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon. In order to damage the repair cost of KRW 1,720,376.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Application of the written estimate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, 【Scope of Recommendation】 Special mitigation area [2 months - October], such as special damage, etc.

However, it is difficult to eliminate the possibility of re-offending in the future in the event that the shocking situation occurs in the future with regard to violence tendency or gender.

A three-month imprisonment within the scope of the recommended punishment shall be determined, but the execution thereof shall be suspended for a period of one year on the condition that an order to attend the course to improve the sexual behavior is issued.

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