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(영문) 서울동부지방법원 2019.05.27 2019고단982

재물손괴

Text

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

Seized evidence 1 shall be confiscated.

Reasons

Punishment of the crime

On June 20, 2016, the Defendant was sentenced to eight months of imprisonment for special property damage at the Seoul Central District Court, and completed the execution of the sentence on December 15, 2016.

피고인은 2019. 3. 27. 04:10경 서울 광진구 B 앞 노상에서 미리 준비한 철재 손톱깎이를 이용하여 그곳에 주차되어 있던 피해자 주식회사 C 소유인 D K7 차량의 조수석 앞쪽 펜더 부분과 조수석 문을 긁어 시가 미상의 수리비가 들도록 손괴한 것을 비롯하여 같은 방법으로 그 무렵부터 같은 날 04:18경까지 사이에 별지 범죄일람표 기재와 같이 총 11회에 걸쳐 피해자들의 재물을 손괴하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Each statement of E, F, G, H, I, and J;

1. Police seizure records;

1. Other closure photographs of each CCTV image and each damaged photograph;

1. Each investigation report (report on CCTV investigations, confirmation of each additional damage, confirmation of CCTV images, attachment to the register of automobiles);

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (report on confirmation as to whether a repeated crime is committed);

1. Article 366 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: One to six years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of a type] destruction of property, damage, etc. [Class 1] - Aggravation factors: Where a person commits a crime against unspecified or many victims, for the same type of repeated crime [the scope of the recommended area and the recommended punishment] special heavy area, for the period from August to February [the general person] - Reduction factors: Serious reflective factors;

3. Determination of sentence: Eight months of imprisonment;