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(영문) 의정부지방법원 2017.07.13 2017고단1181
재물손괴
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a person who had a past relationship with the victim B (V, 52 years old).

On March 9, 2017, the Defendant, while under the influence of alcohol around 01:0 on March 9, 2017, demanded that “D’s operation of the victim under the influence of alcohol” be found to be “D” entertainment points in the operation of the victim in the Gu Council-si C. However, the victim refused the request and caused the damage to be 50,000 won of the repair cost by destroying the lock locking system by walking the entrance of the said entertainment shop at several times.

On March 25, 2017, the Defendant reported the entrance to the entrance on the ground that the victim does not open the door at the “F” point of the “F” point in the operation of the victim E located in the Dong Government-si on March 25, 2017, and damaged the part concerning the back part of the driver’s seat of the Gal-to-pured vehicle located in the front of the main point to KRW 100,000,000,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Each written statement in B;

1. Investigation report (a statement made by a victim B);

1. Two copies of the entrance and photograph of the victim, and on-site photographs;

1. Investigation report ( damaged automatic shot photographs);

1. Application of Acts and subordinate statutes to a report on investigation (presumed damage);

1. Relevant Articles of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting a crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of various circumstances, such as the circumstance leading up to a crime recognized by evidence duly adopted and investigated by the court, the method and method of the crime, and the defendant’s behavior before and after the crime, determination of the mental disorder by the defendant under Article 62-2 of the Criminal Act on the observation of protection and observation, it is not deemed that the defendant did not have or lacks the ability to discern things at the time of the crime, and thus, it does not appear that the defendant did not have the ability

Reasons for sentencing

1. From one month to four years and six months of imprisonment with prison labor within the applicable sentencing range by law;

2. The scope of punishment [the types of decisions] that are recommended according to the sentencing criteria shall be general; and

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