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(영문) 대전지방법원 2018.08.16 2018고단1275

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Suwon Friwon on February 6, 2014, and completed the execution of the sentence at the first intersection of North Korea on December 19, 2015.

[Criminal facts]

1. On March 12, 2018, the Defendant: (a) destroyed the property in the direction of the E-ray of the victim D’s operation in Daejeon-dong-gu Daejeon-dong-gu, Daejeon-dong-gu, by drinking alcohol; (b) thrown a shot-rash, which is installed in front of the above convenience store, with the head of the shot-do, and then thrown the shot-rash with the head of the shot-do; and (c) thereby damaging the property owned by the victim of the repair cost

2. The Defendant, at the same time and place as set forth in the above paragraph (1) above, committed assault against the victim without any justifiable reason, after the Defendant: (a) shotbucks on the left side of the Victim F (25 years old); (b) sucks out of the convenience store following the Defendant’s purchase of goods at the convenience store as set forth in the above paragraph (1) above; and (c) bucks on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared D and F;

1. Arrest report on the occurrence of the case, investigation report (damage, etc. to property), related photographs and estimates;

1. Previous convictions: A written inquiry about criminal history, investigation report (verification of repeated crimes and attachment of the same military record), personal confinement status, and application of statutes of the judgment;

1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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 circumstances under the grounds for sentencing, including the defendant’s age, occupation, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of various sentencing as shown in the argument of the instant case, shall be comprehensively taken into account.

The favorable circumstances: The confession of all of the crimes of this case and reflects the mistake, and the degree of damage to the victims is disadvantageous.