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(영문) 전주지방법원 2012.11.15 2012고단2154

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 28, 2011, the Defendant was sentenced to one year to imprisonment with prison labor for night buildings, intrusions, theft, etc. in the Daejeon District Court's astronomical support on April 28, 201 and completed the execution of the sentence on February 19, 2012.

At around 16:50 on October 3, 2012, the Defendant: (a) driven a horse while under the influence of alcohol on the ground that the horse does not allow entry; (b) operated a light flag at the entrance of the Dong-gu Seoul Special Metropolitan City on the ground that the horse does not allow entry; and (c) entered the parking lot; (d) operated a light flag at the entrance of the Dong-gu Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Ordinanceing to KRW 330,000,000 at the entrance of the Dong-gu Special Metropolitan City Special Metropolitan City Special Metropolitan City; and (c) operated a light flag at the parking lot.

Accordingly, the Defendant damaged the property equivalent to KRW 660,000,000 in the market price owned by the Cow-Japanese Network Co., Ltd. using a dangerous cargo.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (related to attaching photographs of the scene of damage, and estimates);

1. Previous convictions: Application of criminal records and investigation reports (verification of the period of repeated crimes and attachment of judgment) and statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation include a set of concurrent crimes (i.e., taking into account the circumstances favorable to the Defendant among the reasons for sentencing). The Defendant has already been sentenced to several times (i.e., one time suspension of execution, one time suspension of execution, and 13 times) as well as a set of multiple times, and the Defendant should be more active, as it is under the same repeated crime period. In addition, the instant crime was committed, and the Defendant committed the instant crime, even though it was committed, due to the fact that the instant crime was committed, which caused damage to the prevention of the entrance entrance of the parking lot in the train basin that is dangerous goods, and the fact that the nature of the instant crime was poor is not good. Meanwhile, the amount of such damage is not significant, and the victim