(영문) 대전지방법원 홍성지원 2017.05.16 2017고단104



A defendant shall be punished by imprisonment for six months.


Punishment of the crime

[Criminal record] On December 20, 2013, the Defendant was sentenced to imprisonment for eight months for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Hongsung Branch of the Daejeon District Court (a group, deadly weapon, etc.) and completed the execution of the sentence on July 22, 2014.

[Criminal facts] 2017 Highest 104

1. On February 19, 2017, around 10:55, the Defendant: (a) requested the credit position in the “D” game room in front of the “D” in Boan-si, Boan-si; and (b) was rejected, the Defendant collected a stone (23cm in width, 20cm in length, 9cm in width) which is a dangerous thing in the public telephone boxes owned by the victim KTing C, and damaged three copies of the market price of 150,000 won in public telephone boxes.

"2017 Highest 186"

2. On January 9, 2017, the Defendant: (a) laid up a stone, which is a dangerous object in the glass of public telephone boxes owned by the victim KTing Co., Ltd., without any particular reason, on the street located in Sincheon-si, Sincheon-si; and (b) damaged the Defendant’s repair cost by destroying the said glass windows in total of KRW 100,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Each field photograph and written estimate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes as the result of prisoners search;

1. Relevant Article 369 of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes and other conditions of sentencing indicated in the records, including the Defendant’s age, sex, environment, circumstances before and after the instant crime, and circumstances before and after the instant crime, shall be determined as ordered by taking into account all the conditions of sentencing as stated in the records.

A favorable circumstances: The defendant's mistake and reflects his mistake, recovery of some damage is made, and the damage is relatively minor: the defendant is not well aware of even though he is a repeated offense period due to his previous offense.