beta
(영문) 수원지방법원안양지원 2020.10.16 2020고단1265

재물손괴

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On November 1, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of property damage in the Gyeyang Branch of the Suwon District Court for the crime of property damage, and completed the execution of the above punishment on February 27, 2018 by the decision of revocation of detention upon expiration of the prison term entry. On June 15, 2018, the same court sentenced two years of imprisonment with prison labor for the crime of special property damage, etc. and completed the execution of the above punishment on April 25, 2020.

【Criminal Facts】

At around 21:30 on June 22, 2020, the Defendant damaged the sum of 6,101,062 won for repair costs, such as under the influence of alcohol in front of the O convenience store located in Manan-gu N in Manan-gu, Annyang-si, Annyang-si, the Defendant raised a dispute with a female-friendly Gu, which was located in that place, and the Defendant saw the victim P, who was in possession of the victim P, to open the left space of the BMW car, and caused the difference between the front and rear door of the driver’s seat.

Summary of Evidence

1. Defendant's legal statement;

1. A P statement;

1. Photographs photographs of damaged parts of the assault and damage of property;

1. Image photographs of damaged vehicles;

1. Application of written estimates for vehicle damage;

1. Article 366 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One to six years of imprisonment;

2. Scope of recommendations according to the sentencing guidelines: Imprisonment with prison labor for up to one year and six months (decision of a type): < Amended by Act No. 1138, Aug. 1, 2001> (Type 1), [Special Aggravation], damage to property, etc. (Special Aggravation): Aggravation area of identical repeated crimes [the scope of recommending area and recommendation range] increased area, imprisonment with labor for up to one year

3. It is difficult to find it difficult to find an effort to improve the reflective and serious aspects of the crime committed again because the Defendant, who has been released from the same crime for not more than two months without being released from the same crime.

The victim only dealt with the insurance, and the defendant has not made efforts to compensate or agree for the damage to the victim or the insurance company.

However, the sentencing guidelines shall be taken into account the fact that the defendant's mistake, the need for mental therapy, the amount of damage, the prosecution's old punishment, and other various sentencing conditions.