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(영문) 대구지방법원 2018.01.04 2017고단3690
재물손괴
Text

A defendant shall be punished by imprisonment for four 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 June 13, 2017, the Defendant: (a) purchased soft and tobacco in D Art located in Daegu Northern-gu, Daegu Northern-gu, Daegu, and (b) caused the victim E (57 taxes) who was working in the Kabter, to be bad, thereby damaging the victim’s property, such as the Defendant’s galle-ju 3 mobile phone galle-gu, Samsung Talle-gu, the market price of Samsung Talle-gu, which was the victim of Samsung Talle-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs damaged;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is the mitigated area (one month to six months), the punishment is not suspended (including serious efforts to recover damage), or a significant damage is recovered;

2. Circumstances unfavorable to the determination of sentence: The defendant, even though having been tried for the same kind of crime, is drunk and even if he/she had a previous conviction, recognizes and reflects the defendant's crime. The extent of damage is relatively small and smoothly agreed with the victim. Taking into account all the circumstances that form the conditions of sentencing, such as the defendant's age, occupation, sex and environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, etc.

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