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(영문) 춘천지방법원 원주지원 2018.07.11 2018고단109
특수재물손괴
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 1 and 2 shall be confiscated from the accused.

Reasons

Punishment of the crime

On May 10, 2016, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor for a special intimidation in the main branch of the Chuncheon District Court on May 10, 2016, and was sentenced to a suspended sentence on May 18, 2016.

Criminal facts

On January 15, 2018, the Defendant taken off lives and straws, which are dangerous objects in the Libya, on the ground that the passage of the victim C, who was stopped at the front of the location of the Jindong Saemaul Undong Undong Undong, which was located in 1878-6, was obstructed by a car in the D Spanpo area of the victim C while he was moving to the Libya at the front of the location of the Jindong Undong Undong Undong Undong Undong Undong, which was located in 1878-6, around 18:10.

In addition, the said car was damaged to cover the repairing cost of KRW 3,775,94 by making several times to the glass of the said car, and then by exchanging a set of goods.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Photographs of seized articles, photographs of damaged articles, records of seizure and estimates;

1. Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;

1. Article 369 (1) and Article 366 of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Code is that there are favorable circumstances for the defendant, such as that the defendant is able to repent his mistake in depth. However, the defendant has two criminal records of the same kind of crime subject to suspended sentence, and the defendant has committed the crime of this case without being aware of even though he had been in the period of suspended sentence due to the same criminal records. In addition, the crime of this case is committed in light of the method and result, etc., the crime of this case is committed without any agreement with the victim. The crime of this case has not been agreed with the victim even after the considerable period of time has elapsed after the crime was committed, and the crime of this case has not been committed in spite of the motive and circumstance of the crime of this case, circumstances after the crime of this case, defendant's age, occupation, family relation, health status, etc

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