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(영문) 인천지방법원부천지원 2020.08.18 2019고단2731

재물손괴등

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On January 24, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in the Youngcheon District Court’s Young-gu branch on January 28, 2017, and completed the execution of the sentence on February 28, 2018.

【Criminal Facts】

around 15:44 on August 4, 2019, the Defendant damaged the property damage by means of a ice cream store operated by the victim C in Kimpo-si, Kimpo-si, in order to change all the ice cream, sound, and destroying 24 Aice cream equivalent to the total market value of 48,000 won, which is the market value of the victim's possession contained in freezing and freezing.

"200 Highest 2388"

2. On September 9, 2019, the Defendant suffered special injury: around 08:15, at the square of Bupyeong-gu, Incheon, Bupyeong-gu, 16 Bupyeong-gu, the Defendant 201: (a) talked with mixed alcohol and talked with singing in front of the 16 Bupyeong-gu, Incheon; (b) talked with the victim D (the age of 55) that “I am off,” and expressed the victim’s desire to “I am off, I am off, I am off”; and (c) took the victim’s head as a dangerous object (a total length of approximately 26cm).

Accordingly, the defendant carried a family check, which is a dangerous thing, and carried the victim's medical treatment days, and put the victim into a medical room.

Summary of Evidence

[2019 order 2731] Investigation Report of the Defendant’s legal statement C (victims and field photographs)

1. Photographs of the commission of crime (2020 high group 2388);

1. Investigation report on part of the defendant's legal statement (victim D telephone conversations);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to inquiry into criminal records, such as photographs of damaged parts, photographs of seized articles (pre-trial records), written judgments, written decisions not to institute prosecution, and personal confinement records;

1. Article 366 of the Criminal Act and Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The sentencing criteria shall be based on;