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(영문) 춘천지방법원 강릉지원 2018.04.12 2017고단260

재물손괴

Text

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

Reasons

Punishment of the crime

[criminal records] On November 27, 2014, the Defendant was sentenced to two years of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Gangnam Branch of the Chuncheon District Court on the grounds of a violation of the Punishment of Violences, etc. Act (a violation of a group, deadly weapon, etc.), and the parole on August 13, 2016 in the execution of the sentence was expired on October 20.

[2] On November 15, 2016, the Defendant, at around 15:20 on November 15, 2016, was accompanied by the 100,000 won of the repair cost by walking the entrance door of the above 101, which became a tree, without opening a door from the corridor No. 101, which is the 101 entrance in the operation of the victim C, located in Gangseo-si, Gangnam-si.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Investigation report (on-site conditions and photographs of damaged objects);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, results of search by prisoners, and Acts and subordinate statutes to report on investigation (verification of expiration of term of punishment);

1. Relevant Article of the Criminal Act, Article 366 of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment (such as the fact that the crime is committed during the period of repeated crime, the fact that it can be used for the same criminal record, and the victim does not want the punishment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;