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(영문) 제주지방법원 2016.04.11 2016고단380
특수재물손괴등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was under the influence of alcohol of the defendant as the husband of the victim C(V, 49 years old).

On March 13, 2016, around 09:10 on March 13, 2016, the Defendant: (a) laid the front door of the Defendant’s house located in D and his husband and wife fighting; (b) laid the cover of the electric measuring instruments, the market price of which is the owner of the victim’s electric power plant attached to the front door of his/her residence, which is unknown; (c) laid the cover of the electric measuring instruments, the market price of which is the owner of the victim’s electric power plant attached to the front door of his/her residence, and then destroyed each by cutting down the back pipe (1m in length), which is a dangerous object on the roof, where the market price of the victim and the Defendant’s joint ownership is unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of E and F;

1. Each investigation report (the report on the confirmation of the owner of the electric measuring instrument and the report on the degree of damage to the electric measuring instrument);

1. Application of the relevant photographs and the photographic Acts and subordinate statutes of electric measuring instruments damaged;

1. Relevant legal provisions concerning the facts constituting an offense, Article 366 of the Criminal Act that selects the penalty, Articles 369 (1) and 366 of the Criminal Act, and Articles 366 of the Criminal Act, and the choice of imprisonment, respectively;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The first crime for the reason of sentencing under Article 62-2 of the Criminal Act for the protection and observation of the protection and the second crime [the scope of recommendation] in the mitigated area of the first crime [the scope of punishment] (one month to six months) in the mitigated area of habitual, repeated, and special damage (the repeated, repeated, special damage, etc.) [the April to October] in the mitigated area (including a serious effort to recover damage), or in the event that a significant damage has been restored, the second crime [the scope of recommendation] in the mitigated area (one month to six months) in the mitigated area (the property damage, etc.] [the person subject to special mitigation] in the case of actual minor damage: April to January 1 [the decision] in the case of the defendant in the marital fighting.

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