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(영문) 대구지방법원 포항지원 2019.05.15 2019고단345
재물손괴
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 6, 2019, the Defendant: (a) around 23:30 on January 23:30, 2019, at the hotel hotel E-ho, operated by the victim C in North-gu, Northern-gu, Mapo-gu, the Defendant: (b) brought a dispute with women’s friendship, and (c) took the seat of the victim, thereby damaging the repair cost of KRW 400,000,000 at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of each photograph and receipt statute;

1. Article 366 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending sentence] general criteria for sentencing under Article 62(1) of the suspended sentence (Article 62(1) of the Criminal Act (Article 62(1) of the Act) (Article 1-6 of the Act) [Special Mitigation] In the area of mitigation (Article 1-6 months and Damage, etc. to Property] [decision of sentencing] (Article 1-6] under the circumstances that the Defendant was punished twice due to violent crimes since 2017, and under the unfavorable circumstances that the Defendant was punished twice due to drinking driving, the defendant's mistake is recognized, the fact that the Defendant has agreed with the victim is recognized, the circumstances favorable to the agreement with the victim shall be considered, and

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