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(영문) 인천지방법원 2016.09.01 2016고단4727

특수재물손괴

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On January 23, 2015, the Defendant was sentenced to one year and two months of imprisonment for the obstruction of performance of official duties at the Incheon District Court on February 3, 2016, and completed the execution of the sentence in Seoul Southern Prison.

【Criminal Facts】

At around 01:45 on July 16, 2016, the Defendant: (a) took a dangerous object ( approximately 45cm in total length, approximately 20cm in length), which was kept in the Defendant’s residence, on the street in front of the Nam-gu Incheon Metropolitan City, for example, destroying and damage the main set of EE, the victim D, who was parked in and around the region, on two occasions; and (b) “512,126 won” stated in the “level of damage” column No. 1, No. 6 “5,126 won”; (c) “G QM3” stated in the “victim column of the damaged vehicle” column No. 6 “M3,47,45 won,” and “4,638,45 won, 46,455 won,” and “the total amount of 5,530 won, 465,535 won, 46,535 won, and 54,5635 won,” respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Statement of each victim;

1. Records of seizure, lists of seizure, photographs of seized objects, and photographs of damaged vehicles;

1. Written estimate, written statement of additional damage, written estimate, and damaged photograph;

1. Previous records: Application of Acts and subordinate statutes on criminal records, correspondence records and personal confinement status;

1. Article 369 (1) and Article 366 of the Criminal Act and the choice of punishment for the crime, Articles 369 (1) and 366 of the Criminal Act;

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. Scope of the recommended sentence according to the sentencing guidelines: The range of the final sentence due to the aggravation of multiple crimes that have no basic area ( August to one year and six months) of the category 1 (Habitual, Cumulative, Cumulative, Special Destruction, Damage, etc.) (Habitual, Habitual, Habitual, Special Destruction, etc.) (Article 8 to one year): August to September;

2. Sentence;