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(영문) 서울동부지방법원 2018.11.14 2017고단4043

특수재물손괴등

Text

Defendant shall be punished by imprisonment with prison labor for two months and by imprisonment for one year for the remaining cases in the order of 2017 Highest 4196.

Reasons

Punishment of the crime

On August 11, 2017, the Defendant was sentenced to imprisonment with prison labor for four months due to a crime of destroying special property at the Seoul Eastern District Court, which became final and conclusive on August 19, 2017 and is still under the suspension of execution.

I. Around November 29, 2017, Defendant 4043, on the ground that the wife was located in the Defendant’s residence located in the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City building C building D around November 29, 2017, he moved to the Defendant’s residence in the vicinity of the victim G located in the same building F of the Gu, and moved to the Defendant’s residence in the vicinity of the victim’s G, and laid down the glass door, which was located in the victim’s glass door.

Accordingly, the defendant damaged the property owned by the victim by using dangerous things.

II. At around February 26, 2012, Defendant 2017, Defendant 4196, who was parked in the front street of Seongdong-gu Seoul, Seongdong-gu Seoul around 14:30 on February 26, 2012, thefted the victim I’s I’s market value equivalent to KRW 1 million in J5125i.

III. On January 4, 2018, Defendant 2018, Defendant 410, who said that there was no money around 10:50 on January 4, 2018, would be improved to be placed in the tea police station, thereby damaging the property owned by the victim by entering the convenience store owned by the name of the victim in the name of Gwangjin-gu Seoul Special Metropolitan City, Nowon-gu, for the purpose of impairing the utility of 4 Macju and 4 Macju on the floor.

IV. At around 10:27 March 3, 2018, Defendant 2018, Defendant 689, placed one set of Nowon-gu Seoul Special Metropolitan City Nowon-gu and one set of Nowon-gu and Mar. 1, 2018 in his own bank and stolen the victim’s watch.

Summary of Evidence

1. The defendant's legal statement ( common to the case);

1. G Statements (I case), replys to appraisal (II), P Statement (III), N Statements (IV);

1. Application of Acts and subordinate statutes to inquiries about criminal history;

1. Penalty provisions: Article 369 (1), 366, and 329 of the Criminal Act (Selection of Imprisonment);

1. Handling concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Aggravation of concurrent crimes: 2017 high order of 4196 high order of which the punishment for sentencing is separately determined by Articles 37 and 38 of the Criminal Act, shall be from the time of the act.