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(영문) 광주지방법원 2017.02.02 2016고단5807
재물손괴
Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

On November 3, 2016, the defendant appealed from the Gwangju District Court after being sentenced to imprisonment with prison labor for larceny, etc. and is still pending in the appellate trial.

On June 29, 2016, from around 00:10 to around 03:40, the Defendant: (a) opened and opened a DaM5 vehicle register in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, 268 without any particular reason, which was installed inside the said vehicle; (b) opened a black box and internal storage box inside the said vehicle; (c) destroyed the repair cost to the extent of KRW 2,579,80 by means of noise and flap, etc.; and (d) damaged the said vehicle’s repair cost to the extent that the repair cost is equal to KRW 2,579,80 by means of noise and flap, etc., which was parked near the vehicle; and (e) caused damage to the said vehicle to the extent of KRW 1,363,107 by means of noise and flap, etc.; and (e) continued to use the flap in front of the victim’s vehicle to the extent of 97.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect to the public prosecutor and the police accused;

1. Each statement, vehicle photograph, suspect's photograph at the scene of the crime, report on the results of field identification, reply to the request for appraisal, and written estimate of the damaged vehicle;

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

1. Article 366 of the Criminal Act applicable to the facts constituting the crime;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommended punishment] is the general standard for sentencing under Article 50, where actual damage is insignificant (one to six months from January) in the mitigation area (a person with special mitigation) [the decision of sentencing] [the decision of sentence] where the defendant is recognized as all of the crimes of this case, and the defendant is divided in depth.

Although the issue is not hot in light of the scale of damage in this case, the damage was not completely recovered.

At present, the court of appeal shall be sentenced to imprisonment with prison labor for not less than ten months.

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