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(영문) 대전지방법원 공주지원 2018.05.25 2018고단98

재물손괴등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On March 1, 2018, the Defendant violated the Traffic Act (unlicensed driving) of the road on February 28, 2018, driving a D-do motor vehicle without obtaining a driver’s license in the section of approximately 234 km from the front of “C” 1065-1, which is located in the same ridge-dong 1065-1, around 28, 2018 to March 1, 2018.

2. 재물 손괴 피고인은 2018. 3. 1. 01:30 경부터 피해자 E가 운영하는 제 1 항 기재 ‘C' 무 인텔 211 호실에 투숙하던 중, 2018. 3. 2. 새벽 무렵 불 상의 도구를 이용하여 위 객실 내부의 벽과 바닥을 내리 찍어, 벽이 움푹 파이게 하고 바닥의 타일을 깨뜨리는 등 그 효용을 해함으로써 수리비가 약 50만 원이 들 정도로 피해자의 재물을 손괴하였다.

3. On March 2, 2018, the Defendant, on March 2, 2018, driven a DNA car without obtaining a driver’s license in the section of approximately 234 km from March 2, 2018 to the front road of the “C”-free telecom located in Sinju City B at around 12:00 on the same day from March 2, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Cless CCTV photographs, etc.;

1. Application of Acts and subordinate statutes to report internal investigation (for damage to property), report internal investigation (for the distance from driving without licenses), and report internal investigation (for the distance from driving without licenses

1. Relevant Article of the Act and Article 152 Subparag. 1, Article 43 of the Road Traffic Act (unlicensed Driving), Article 366 of the Criminal Act, and the choice of imprisonment for a crime;

1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that increase concurrent crimes: A person who used a motor vehicle driven at the time of drinking without being aware of the revocation of the license due to drinking and the suspension of the execution of the license, but was sentenced, used the motor vehicle while driving at the time of drinking.

The crime has been committed intensively during the period of suspended execution.

A favorable condition: the scale of damage caused by the damage.