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(영문) 전주지방법원 군산지원 2018.08.17 2018고단717

재물손괴

Text

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

Reasons

Punishment of the crime

[Criminal record] On May 11, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Militarysan Branch of the Jeonju District Court on May 19, 2018 and the said judgment became final and conclusive on May 19, 20

[2] On February 1, 2018, the Defendant, at around 09:00, took a bath to the Defendant on the ground that the Plaintiff Da victim D (37 s) was gypted as the day of the house between the Plaintiff and the Plaintiff’s gypted the customer service table and glass, and damaged the victim’s property by taking the water branch on which the Defendant gypted the gypted, syke, syke, syp, syppp, dispute board, etc. on the floor and gyped up the floor to cover repair costs of KRW 1,760,000 at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Act and subordinate statutes to a investigation report, such as attaching photographs, etc.;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) the crime of this case was committed during the suspension of the execution of imprisonment and the observation of protection for the same kind of crime for the reason of sentencing under Article 39(1); (b) the crime of this case was committed during the suspension of the execution of imprisonment for not less than three months; (c) the fact that there is no agreement with the victim is an unfavorable sentencing factor; (d) the defendant suffers from stimulative mental illness; (e) the defendant does not control the net evaluation; (e) recognizes and reflects the crime; (e) there is a relationship of ex post concurrent crimes with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes of which the judgment became final and conclusive; (e) the degree of damage is not much serious; and (e) the age, sex