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(영문) 수원지방법원 평택지원 2016.02.18 2016고단60

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 16, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (damage, etc. to a group, deadly weapon, etc.) in the Hongsung Branch of the Daejeon District Court on the grounds of violation of the Punishment of Violences, etc. Act, and completed the execution of the sentence on March 4, 2015.

1. On November 2, 2015, the Defendant damaged the victim’s property by citing bricks, which are dangerous objects located on the floor of the victim D, located in Pyeongtaek-si in Gyeonggi-do, without any justifiable reason, at around November 17:10, 2015, and putting one videophone, the market price of which is equivalent to KRW 200,000,000, installed on the above entrance, and then damaging the victim’s property.

2. On November 2, 2015, at around 17:40 on November 2, 2015, the Defendant damaged the victim’s property by taking away agricultural products, such as 1 glue, 12 waivers, glue, glue, glue, glue, etc., of which the market price is unknown at the top of the victim FF located in Pyeongtaek-si E, Gyeonggi-do, and impairing its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement of D and F;

1. On-site photographs;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes to investigation reports (personal identification and confinement status);

1. Article 369 (1) and Article 366 of the Criminal Act concerning the facts constituting an offense;

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

1. Determination on the application of the sentencing guidelines for the reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes: The scope of recommendations for the sentencing guidelines for the sentencing of the lower limit: the scope of recommendations for the sentencing guidelines for the lower limit: consideration of all the general circumstances, including the injury inflicted on non-related persons in the basic area (from April to October) of the first type (from April to October).