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(영문) 부산지방법원 서부지원 2020.02.13 2019고단628
재물손괴
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant had the symptoms of a slock and had the mind to damage vehicles parked on the way by drinking with his wife and drinking alcohol.

1. Around 04:00 on January 1, 2019, the Defendant: (a) destroyed the instant studs of D SP car, which was parked in the instant area, in his/her hand, by means of cutting the studs of D SP car into his/her hand and cutting the strings of D SPP car, which was owned by the victim.

2. On January 1, 2019, the Defendant: (a) destroyed the Victim E by means of cutting off the driver’s seat of the Gpoter II, which was parked in front of the F Building in Busan City, as his hand, and cutting off the driver’s seat of the Gpoter II, which was the victim’s possession.

3. Around 04:03 on January 1, 2019, the Defendant destroyed the Defendant’s crime with the victim H by means of cutting the kwinger, the head of the cargo vehicle, who was parked in the J located in Busan City on the roads located in the GJ, and cutting the kwinger, the victim of which was the victim’s possession, by hand, and cutting the knife with the knife.

4. On January 1, 2019, around 04:05, the Defendant destroyed the Defendant’s crime against the Victim L by means of cutting off the knife of the NNAS car, which is the victim’s possession, in his/her hand and cutting off the knife with the driver’s knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, E, andO;

1. Lritten statements;

1. Application of Acts and subordinate statutes to each investigation report (the Nos. 5 and 10 of the evidence list);

1. Relevant Articles of the Criminal Act and Article 366 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant damaged the victim's vehicle.

Defendant has been punished for the same kind of crime.

The defendant acknowledges and reflects his criminal act.

The defendant suffers from stimulative disorder.

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