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(영문) 춘천지방법원 2017.11.22 2017고단918
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2017, at the residence of the victim C in Chuncheon-si B, around 05:10, the Defendant is willing to take the care of the victim who has come to death with the Defendant.

In addition, the door door 2 of the door door door slided at the place of the room where the disturbance was being avoided was broken down.

Accordingly, the defendant damaged the victim's property equivalent to KRW 70,000.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of statutes governing the handling of field photographs, 112 reported cases;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is that the Defendant, while disputing with the female-friendly Gu, has a record of destroying property and having received a prior notice of suspension of indictment from an investigative agency. The Defendant committed the instant crime that damages the property of a female-friendly Gu referring to the instant crime without being aware of the fact that the appellate court continued to exist at the time of the instant crime even though he/she committed a crime, and that there is no agreement with the victim, etc.

However, it appears that the defendant recognized the crime of this case and reflected against the defendant, and that there is no record of criminal punishment of qualification suspension or heavier than that of the defendant, etc., shall be considered as factors for sentencing favorable to the defendant. In addition, the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, and recommended punishment guidelines (the basic area of property damage, etc.: April through October, and no special mitigation factor), etc. shall be determined as ordered by taking into account all the circumstances constituting the conditions for sentencing specified in the arguments of this case, including the sentencing guidelines.

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