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(영문) 전주지방법원 군산지원 2017.05.31 2017고단230
특수재물손괴등
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

The Defendant, at around 00:40 on February 8, 2017, told D and the victim E (20 Doh) (employee) to have a dispute at the trial expense during the vehicle operation on the C ahead of the following day: 00:40 on February 8, 2017, the Defendant: (a) got off the victim’s fump with an Aluminium air-proof net, which is an object dangerous to the victim for the reason that the victim took a bath; and (b) took off the driver’s fump with the victim’s possession; and (c) took off the driver’s fume and flah in accordance with our car.

Accordingly, the defendant, carrying dangerous articles, destroyed the victim's car and threatened the victim with the repair cost of KRW 2,336,926.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs of damaged damage and photo of the camping net;

1. Application of the Acts and subordinate statutes governing the prosecution of the police;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, the choice of imprisonment for the crime, and the choice of punishment;

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. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, in the case of crimes falling under the category 1 [the scope of recommended punishment] [the scope of punishment] under Article 62(1) of the Criminal Act and Article 62(1) [the scope of punishment] under Article 62(1) of the Act on the Suspension of Execution, the scope of final sentence under Article 62(1) [the scope of punishment shall be determined by comprehensively taking into account the following: (a) the following: (b) the mitigation area of punishment [the scope of punishment] under Article 62(1) (Article 62(4) (Article 62(4)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)(Article 62(1)); (c)(Article 62(1)(Article 62(1) of the Criminal Act (Article 1));

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