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(영문) 서울서부지방법원 2018.07.20 2017고단3127

특수재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 18, 2017, the Defendant damaged special property: (a) around 11:05, at “D convenience store” located in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) at “D convenience store,” the victim E (48 tax) and Si expenses were incurred on the ground that the breab is wraped; and (c) the wall (18x10cm) (18x10cm) was placed in the convenience store, which is a dangerous object that the victim was pushed the Defendant and produced out of the facility; and (d) the repair cost of which was 403,700 won.

Accordingly, the defendant damaged the victim's property with dangerous things and harmed its utility.

2. The Defendant suffered special injury, at the above date, at the above time, and at the above place, and the police officer called up upon receiving a report, carried the victim with the materials dangerous at a distance of about 1m away from the victim, and carried out a chest straw in need of treatment for about 14 days in line with the victim’s side gate.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A written diagnosis and written estimate;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act and Articles 369(1), 366 (Aggravated and Damage to Carrying and Selection of Imprisonment), 258-2(1), and 257(1) (a) of the Criminal Act concerning facts constituting an offense;

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. The punishment of imprisonment is to be imposed in consideration of the high risk of recidivism, including the following: (a) the fact that by carrying a brick, which is an object dangerous to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the nature of the crime is not good; (b) the damage was not completely recovered; and (c) the victim was unable to agree with the victim; (d) the defendant remains in a foreign worker center without a fixed occupation; and (e) the fact that the property was damaged before the crime of this case was committed, etc.; and (b) the sentence is to be imposed in the same manner as the order, taking into account the refugee status, environment, Defendant’s age, health condition, motive for the crime, etc.