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(영문) 춘천지방법원 원주지원 2016.08.25 2016고단554
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

1. On June 4, 2016, the Defendant damaged a special property damage to the entrance door of the apartment entrance, which was found in front of the 104-dong-gu Seoul apartment site in front of the 104-dong-gu, the main apartment site in front of the 104-dong-gu, the main apartment site in front of the 104-dong-gu, the main apartment site in front of the 104-dong-1-2 dong-2 104-dong-dong-dong-2 104-dong-dong-dong-dong 104-dong-dong 1-2-dong-dong 100-dong 100-dong-dong 104, thereby destroying the victim's property so that the victim's property can be damaged by the lid of the city value.

2. The Defendant damaged the victim’s property by finding at the G restaurant operated by the victim E, who was the mother of the Defendant located in F of the Republic of Korea, at around 02:40 on the day specified in the above paragraph 1, the Defendant damaged the victim’s property by gathering concrete sculptures (breadth 30 cm, length 20 cm, height 10 cm), which is a dangerous object in the vicinity of the said restaurant, toward the front glass of the said restaurant, 370,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the Acts and subordinate statutes on CDs against CCTVs against site photographs, photographs, and objects used for the destruction of each property;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the selection of criminal facts;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. No punishment is imposed for the mitigated area (4 months to 10 months) of Class 1 (Habitual, repeated, and special damage, etc.) of Class 1 (Habitual, Habitual, Habitual, Special Damage, etc.) (4 months to 10 months) (Special mitigated Persons);

2. No punishment is imposed for the mitigated area ( April to October) of Class 1 (Habitual, repeated, and special damage, etc.) of Class 2 (Habitual, Habitual, Habitual, Special Damage, etc.) (Special Damage).

3. The scope of final sentence due to the aggravation of multiple offenses: April to January; and

4. Decision of sentence: Imprisonment with prison labor for not less than eight months, suspension of execution two years, protection observation and order to attend a lecture shall be rendered by B who is the former domicile.

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