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(영문) 수원지방법원안산지원 2020.10.15 2020고단3210
특수재물손괴등
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 became final and conclusive.

Reasons

Punishment of the crime

At around 11:28 on August 1, 2020, the Defendant collected one of the reporting block (a 18cm, 18cm, 18cm, 6cm in thickness) that is a dangerous object in the vicinity due to the Defendant’s theft of cash stored in the ATPP from the victim bank A (hereinafter “ATPP”), which is managed by the Defendant of the victim C in Sinti City, around 11:28, 202, and then destroyed the ATPP machine with the above reporting block four times, and then destroyed the ATPP machine of approximately KRW 7 million in the market price, and subsequently, did not detect cash in the device, but did not detect that cash in the device.

Accordingly, the defendant, carrying dangerous articles, destroyed the victim's property and attempted to steals the victim's property.

Summary of Evidence

1. Application of the written statement of the defendant C in his/her legal statement, such as field photographs, reports on field identification, and statutes governing CCTV images;

1. Relevant legal provisions concerning criminal facts, Articles 369(1) and 366 of the Criminal Act that choose a penalty, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentence is determined as ordered by comprehensively taking into account the circumstances favorable to the defendant, such as the fact that the damage of reasons for sentencing under Article 62(1) of the Criminal Act was not recovered, and the defendant recognized the crime, and reflects the wrongness of the defendant, as well as the fact that the defendant has no record of the crime, other than the one-time fine due to drinking driving around 201, which is favorable to the defendant, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.,

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