beta
(영문) 의정부지방법원 2018.03.22 2018고단103

특수재물손괴

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 30, 2017, the Defendant sought the said G in order to spread the dispute while drinking with the husband of the previous victim’s G, on the Franc golf course operated by the victim E in the light of around 01:40 on December 30, 2017.

The defendant did not use the above G with the screen golf course, and did not take golf bonds out from the golf screen located there on the ground that the telephone is cut out.

In order to shoulder the glass window, which is a dangerous object, the victim's market value was damaged by damaging the intangible property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes governing the scene of damage;

1. Grounds for sentencing under Articles 369 (1) and 366 (Selection of Imprisonment) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines: Where the punishment is not imposed (including serious efforts to recover damage) or a significant damage is recovered in the area of mitigation ( April to October), the area of mitigation (including April to October), the area of punishment (including special mitigation), or the area of mitigation) for four months to October (the scope of the recommended punishment) habitually, repeated crimes, and special damage (the scope of the punishment).

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, which are four months following the imprisonment.

The disadvantageous circumstances: The defendant was punished for a violation of the Punishment of Minor Offenses Act during the period of suspension of execution, and the circumstances that are favorable to continuously committing the crime in this case, such as leading to the crime in this case: The confession of the crime in this case, and the victim did not want the punishment.