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(영문) 의정부지방법원 고양지원 2019.01.18 2017고단3059
특수재물손괴
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 07:50 on September 17, 2017, the Defendant found the victim D(63 years of age) located at the house of Goyangyang-gu building C heading of Goyang-gu, Goyangyang-gu, Sungyang-gu, 2017, and found that “a deposit is made to the head of the Tong up to 8 years of age” was “a deposit is made to the head of the Tong-gu within the Tong-gu.” After having a hack pipe (95cm in length, 3.5cm in diameter) which is a dangerous object in advance held by the victim to contact, and had the victim’s house auxiliary.

At around 09:20 on September 17, 2017, the Defendant: (a) released the entrance door from the victim’s house to the hack pipe; (b) damaged the front door part and the number height of the front door; and (c) subsequently, in a total of 1,50,000 won indictment, the shock net was teared by the method of throwning the wooden vehicle support stand on the front door of the victim’s house, and was written in KRW 1,50,000,000,000 in total, but this is deemed to be an obvious clerical error; (d) thus, the Defendant ex officio destroyed

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (Evidence No. 2);

1. Article 369 (1) or 366 of the Criminal Act applicable to the crimes and Articles 369 (1) or 366 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence based on the sentencing guidelines [the scope of the recommended sentence] shall be limited to habitual, repeated, special damage and damage (Habitual, repeated, special damage, etc.). The basic area ( August to one year and six months) of the sentencing guidelines;

2. Although the nature of the instant crime is extremely poor in light of the risk of the Defendant’s use of the goods, considering favorable circumstances, such as the fact that the Defendant recognized the instant crime, that there was no record of punishment in Korea until now, and that the degree of damage is not serious, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, etc.

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