beta
(영문) 춘천지방법원 원주지원 2018.10.18 2018고단184

특수재물손괴

Text

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

Reasons

Punishment of the crime

On January 27, 2016, the Defendant was sentenced to imprisonment with prison labor for a year and six months due to a special offence of intrusion, etc. in the Chuncheon District Court's original branch on January 27, 2016 and completed the execution of the sentence on June 19, 2017.

On December 17, 2017, around 06:22, the Defendant: (a) laid a stone, which is an object dangerous to the EM7 car owned by the victim, at the front parking lot of “C” located in “C” in “C” in “SM7 car owned by the victim, and damaged the repair cost of KRW 3,254,48.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each investigation report (for 6,7 times a year);

1. On-site photographs, etc. of cases;

1. Previous convictions in judgment: Inquiries into residents' and criminal history, reporting on the results of confirmation of the previous convictions of disposition, and applying Acts and subordinate statutes to investigation reports (netly 14);

1. Relevant Article 369 of the Criminal Act; Articles 369 (1) and 366 of the Criminal Act; the choice of imprisonment for a crime;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendation] There is no person who does not have the basic area (from June to February) (i.e., repeated crimes and special damage) (i., special damage) (i., June to February) (i.e., special sentencing) [decision of sentencing] (i.e., sentencing] of the Defendant, but the Defendant committed the instant crime during the period of repeated crime, and even though there was a record of being sentenced to two times or more by the summary order due to the same kind of crime during the same period, there is a very lack of good mind, such as recommitting the instant crime.

The damage has not been recovered, the defendant has been sentenced to punishment repeatedly for various crimes, and has a record of criminal punishment several times for the same crime.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.