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(영문) 전주지방법원 정읍지원 2019.02.14 2018고단583

재물손괴

Text

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

Reasons

Punishment of the crime

[Criminal Power] On November 2, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor for the crime of assault, etc. in the Jeonju District Court’s branch branch on July 24, 2018 and completed the execution of the sentence in the Jeonju prison on July 24, 2018

【Criminal Facts】

Around 13:40 on October 3, 2018, the Defendant: (a) at the victim C’s house located in Jung-gu, Jung-gu, Jung-si, the Defendant, while under the influence of alcohol, boomed D and the Defendant’s statements unfavorable to the Defendant on the preceding day on the ground that D and the victim E were able to make a statement unfavorable to the Defendant; (b) was boomed into a brubed brubed bru and 2 glassped brub in the market price of the victim C, which was located in the above site, and d d, was faced with the unfolded entrance, so that the entrance of the victim C was far away from the door door; and (c) the market price, which was bruded by the victim E, was broken off the cell phone of the unclaimed mobile phone of the market price cited by the victim E, thereby shouldering it.

Accordingly, the defendant damaged the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, D, and C;

1. The victims and the entrance, photographs, etc. damaged, such as reports on the occurrence of accidents, site photographs, etc.;

1. Previous records of judgment: Criminal records, references to criminal records, previous records of dispositions, reports on results of confirmation, investigation reports (Attachment to written judgments), two copies of judgment, and application of Acts and subordinate statutes concerning the current status of acceptance by individuals;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the crime of this case was committed on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act. The crime of this case was committed by the defendant, such as when the defendant was committed D, etc., and was committed by extremely violent and dangerous methods such as cutting off a boomed boom and cutting off a person's cell phone door, and cutting off a cell phone from the floor. It is not good that the crime was committed by multiple things owned by the two victims.

The defendant is a violent crime such as injury, etc. from 198.