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(영문) 대전지방법원 서산지원 2017.09.01 2017고단617
특수재물손괴
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 16, 2017, around 03:00, the Defendant: (a) placed a brick, a dangerous object, on the ground that it would be bad for the victim E, who is an employee of the said D, due to the payment of the drinking value under the influence of alcohol, and caused damage to the Defendant’s front glass of the Ftopcar car, which is the victim’s parking at that place, to be repaired in excess of KRW 1,148,246.

2. On the same day, the Defendant continued to set fire at the G parking lot of J in Jin-si on the same day without any justifiable reason, and damaged the back glass of the I mother LA, the victim H, parked at that parking lot, to the extent that the amount of KRW 207,383 is equal to the repair cost.

3. The Defendant, at around 03:30 on the same day, 83-5, Jin-si, Jin-si, Jin-si, 03-5, “Sain-si,” thrown away from bricks, which are dangerous objects in front of the street, without any justifiable reason, and damaged the door door of the driver’s seat of K5-car, which is owned by the victim J., who was parked there. 1,825,261 won.

4. On the same day, the Defendant: (a) laid a brick, which is a dangerous object at a “M” parking lot in Jin-si L on the same day, and destroyed the front glass and the front glass of the O truck, which is owned by the victim N in the parked at the same place, to the extent that the repair cost would amount to KRW 110,836,209,858, respectively.

Accordingly, the defendant corrected the total amount of 3,501,584 won in total four times.

The victims damaged their property.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Each statement of H, N, and J;

1. Application of Acts and subordinate statutes attached to each field photograph, CD attachment, and each damage estimate;

1. Relevant Article 369 of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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 (the fact that an agreement is reached with the victim H, N, and J, and the same criminal record or fine is exceeded.

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