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(영문) 서울서부지방법원 2018.02.02 2017고단3559
특수재물손괴
Text

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

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

Reasons

Punishment of the crime

On October 5, 2017, the Defendant: (a) around 16:42 on October 16, 2017, around 16:42, the Defendant: (b) left the house of the Ministry, which is a dangerous object, on the ground that the Defendant was in front of the “D” beauty room operated by the injured party C, Mapo-gu Seoul, without any particular reason, and left the door 15cm in width, 90,000 won at the entrance and glass of the beauty room, thereby shouldering the repair cost of approximately 9,00 won.

Accordingly, the defendant carried dangerous things and damaged the victim's property and damaged its utility.

[Defendant Appellant does not constitute “a dangerous object” under the above section

The argument is asserted.

D. In light of the size, material quality, etc. of a dangerous article, it is reasonable to deem that the dangerous article includes an article that can be widely used to harm human life and body, even if it is not a deadly weapon, and it constitutes such dangerous article. Therefore, the above assertion is not acceptable)

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of C and E;

1. Application of seizure records and statutes concerning the list of seizure;

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 suspended execution;

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

1. Reasons for the sentencing of Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] [the grounds for the sentencing of Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations]] There is no person [the person who is subject to special sentencing] [the person who is subject to special sentencing] in the basic area (from August 1 to 6 months) of habitually, repeated crimes, and special damage [the repeated, repeated crimes, special damage, etc.] [the decision of sentencing] under the following circumstances, taking into account the circumstances, the defendant's age, sexual behavior, environment, and circumstances after the crime, etc.: The punishment is determined in favor of the defendant; the favorable normal conditions - the fact that the damage is not recovered

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