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(영문) 대전지방법원 2017.09.22 2017고단3201
재물손괴
Text

A defendant shall be punished by imprisonment for six 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

The defendant, who is a parent of the victim C, was able to teach about six months with the victim D and about six months. The defendant was born with the victim D.

1. On March 17, 2017, the Defendant: (a) around 02:20 on March 17, 2017, up to the restaurant run by the injured party C, the Defendant: (b) placed four beer’s disease on the window of the above restaurant and damaged the market value of KRW 150,000 at the glass window in front of the restaurant run by the injured party C.

2. On April 5, 2017, around 00:30 on April 5, 2017, the Defendant: (a) laid a stone of a golf hole size in front of the victim D’s house located in the Dong-gu Daejeon-gu Daejeon-gu, Daejeon-gu; and (b) destroyed the Defendant’s house 60,000 won at the market price of the head of the building.

3. On April 12, 2017, around 22:30 on April 12, 2017, the Defendant laid a bottle of drinking water in front of the above victim D’s house, shouldered the amount equivalent to KRW 60,000 in the market price of the head of the glass house, attached the amount equivalent to KRW 25,00 in loss at the market price of Chapter 2 of the shock net, and removed it, and destroyed it, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements made with respect to D;

1. A written statement of C and E;

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;

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 suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation show the color against the defendant, the actual scale of damage is not so big, and the defendant's decision to suspend the execution of sentence as indicated in the disposition is made in consideration of the circumstances, such as the defendant's agreement smoothly with the victim, etc. However, on February 7, 2014, the woman who was dissatisfyed similar to this case is the hedging of the defendant.

On the ground that there was a criminal history of being sentenced to 1 year and 6 months of imprisonment due to a charge of causing injury, fire prevention, etc., and 2 years of suspended execution, but there was a risk of repeating a crime because it committed a similar crime.

Since it is determined, it is necessary to order that protection be observed.

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