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(영문) 서울남부지방법원 2017.09.22 2017고단3466
재물손괴
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On May 29, 2017, around 23:31, the Defendant: (a) boarded at bank trees distance in Geumcheon-gu Seoul Metropolitan Government, and (b) on the head of a taxi for business use in B (52)-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing-Sing

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. A damaged photograph;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall be the general standard and the area of mitigation (i.e., damage to property, etc.) (ii) and the area of mitigation (i.e., special mitigation) shall not be subject to the punishment;

2. In light of the motive, attitude, etc. of the crime of this case, the Defendant’s liability is not less than those of the Defendant if it is considered that the crime of this case is not good in light of the motive, attitude, etc. of the crime of this case, and that the Defendant repeated several times of criminal punishment for the same

However, the defendant's intention to commit the crime of this case is against the mistake, the victim does not want the punishment of the defendant by mutual agreement with the victim late later, and there is no criminal record exceeding the fine of the defendant, and the defendant's age, sex, environment, motive, means and consequence of the crime of this case and all the sentencing conditions shown in the theory of changes, such as the circumstances after the crime, shall be determined as ordered in consideration of the records of this case and all the sentencing conditions mentioned in the theory of changes.

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