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(영문) 대구지방법원 2016.11.15 2016고단4293

재물손괴등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On September 1, 2016, the Defendant: (a) around 23:00 on September 1, 2016, the Defendant: (b) displayed the door of the driver’s seat in order to walk the door of the G QM3 car driving seat, which is owned by the victim E, parked on the road front of the Moel located in Sinsan-si, Sinsan-si; and (c) 956,289 won of the repair cost while under the influence of alcohol.

Accordingly, the defendant damaged the victim's property.

2. At around 23:30 on September 1, 2016, the Defendant damaged public objects, at the place indicated in the foregoing paragraph 1. Paragraph (1) and returned back to the police officer who was dispatched after having received a report in relation to the foregoing paragraph 1., and returned to his/her home to verify his/her personal information and returned to him/her, and when he/she drinking the said line on the top of the steering line of the G rocketing patrol vehicle, which was parked at the place indicated in the foregoing paragraph 1.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A photograph of damage, estimate, or investigation report (a photograph of damaged patrol vehicle);

1. Previous records of judgment: Application of inquiry reports on criminal records, etc., references to criminal records, etc., reports on the previous records of disposition and results of confirmation (A), investigation reports, and Acts and subordinate statutes;

1. Article 141 (1) of the Criminal Act (a point of damages to public goods) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. Scope of the recommended sentence according to the sentencing guidelines - The scope of the punishment for the first offense (aggravated mitigation) - No basic area (a period of April to October), the basic area (a period of physical damage, etc.) (a period of 4 to 10 months), - The second offense (a person specially punished) / [Scope of the punishment for obstruction of performance of official duties] the reduction area (a period of 1 to 8 months) (a period of 1 to 1 months), the mitigation area (a period of 1 to 8 months), and the reduction area (a period of 1 to 2 months), where the value of the goods that have been invalidated or destroyed is insignificant, the final sentencing range due

2.The circumstances in which the normal defendant is under way, considering, shall be considered favorably.

(b).