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(영문) 대구지방법원 2017.05.17 2017고단897

재물손괴

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On July 9, 2015, the Defendant was sentenced to eight months of imprisonment for bodily injury at the Daegu District Court, and the execution of the sentence was terminated at the Daegu District Court on January 11, 2016. On February 3, 2017, the Defendant was sentenced to six months of imprisonment for special intimidation at the Daegu District Court and the judgment became final and conclusive on April 15, 2017.

On January 12, 2017, at around 02:35, the Defendant destroyed the door door door door of “D” operated by the victim C in Daegu Northern-gu B, Daegu-gu, without any particular reason, by breaking the door door door door door of 110,00 won at the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Receipts and specifications of transactions;

1. Photographs of damaged glass windows;

1. Previous records: Application of Acts and subordinate statutes to inquiries about criminal records, investigation reports ( current status of personal confinement), investigation reports (Attachment to latter concurrent judgments, etc.);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The latter part of Article 37 of the Criminal Procedure Act: (a) the reason for sentencing under Article 39(1) appears to have considerable violence in several times in criminal cases where the Defendant was punished by imprisonment or a fine due to an injury, special intimidation, etc., including rape in the previous case; (b) the crime of this case was committed during the period of repeated crime punished for the immediately preceding injury; and (c) the Defendant committed the instant crime under the influence of alcohol without any particular reason.

A injured person does not want the punishment of the defendant (Provided, That the victim does not want the punishment because the defendant is likely to face his/her happiness again).

The defendant shows the light of reflect in this court is a favorable condition.

In addition, taking into account equity with the case of being tried together with the special intimidation for which a judgment has become final and conclusive, and taking into account all the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, etc.