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(영문) 대전지방법원 서산지원 2020.06.25 2020고단309
특수재물손괴
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 30, 2019, at around 11:30 on December 30, 2019, the Defendant: (a) requested the victim to transfer 200,000 won of wages to the victim at around 11:00 on the same day; and (b) did not transfer wages to the victim at least 12:00 on or before the same day, the Defendant destroyed the entrance glass by putting the brick (a) which is a dangerous thing that the victim did not transfer wages from around 11:30 on or before the same day; and (c) putting the door door (a) which is a wall (a 8cm, vertical 9cm) which is a dangerous thing that had been located therein (40,000 won of the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of statutes on site photographs;

1. Article 369 (1) or 366 of the Criminal Act applicable to the crimes and Articles 369 (1) or 366 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The fact that the nature of the crime is not weak because of the full damage of the victim's windows due to dangerous objects with the reason of sentencing in Article 62-2 of the Social Service Order Criminal Act, the fact that the defendant has the same criminal records, and that the damage has not been recovered: Provided, That the extent of damage is not much severe, the fact that the defendant is against the nature of the crime, the circumstances of the crime, the environment of the defendant, and the circumstances after the crime

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