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(영문) 서울북부지방법원 2017.08.09 2017고단531 (1)

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On January 28, 2016, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Central District Court on February 23, 2016, and completed the enforcement of the sentence at the Seoul Detention Center.

[Criminal facts]

1. On December 15, 2016, the Defendant damaged property: (a) around 21:20 on December 15, 2016, the victim D’s “E main store” operated by the victim D in Seoul Special Metropolitan City, Nowon-gu, provided that the Defendant did not pay money in a large voice of KRW 2.60,000 won from the damaged party; (b) approximately 30,000 won in total market value; and (c) 20,000 won in the wall and floor of the wall and 30,000 won in a remote area in the room were cut.

Accordingly, the defendant damaged another person's property.

2. When the police officers, including the victim G, who belongs to the F District, dispatched after being reported to 112 at the above date, time and place, recommended her home, the Defendant was found to be bit of bitbit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a police officer

“.....”

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. The legal statement of the defendant and his separated joint defendant H

1. Statement made by the police against D;

1. A written complaint and a written statement of G;

1. On-site photographs;

1. Previous convictions in judgment: References such as criminal history (A) and application of Acts and subordinate statutes to investigation reports (A's confirmation of criminal history of repeated crime);

1. Relevant Article 366 of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50, for the aggravation of concurrent crimes;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to eight years;

2. The scope of the recommended punishment according to the sentencing criteria (in the case of insult, the sentencing criteria are not applicable; therefore, the lower limit of the sentencing range below is applicable) [the scope of the recommended punishment] of the basic area (from April to October, etc.) of the first type (the scope of the recommended punishment is limited to the lower limit of the sentencing range below] of the sentencing criteria.

3. Determination of sentence is during the period of repeated crime;