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(영문) 대구지방법원 2017.02.02 2016고단3843
재물손괴등
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A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The Defendant was sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on May 8, 2012 and completed the execution of the sentence on September 9, 2013 at the former prison on September 2013.

[2] On June 25, 2016, the Defendant destroyed a TV set of KRW 419,00,00 for repair costs, such as damage to a TV set of KRW 1.2 million in the market price managed by the victim C by the victim C, using a large stick of 1.2 million around 10:20,00 won, which was being viewed by TV in a large area located in the west-gu, Daegu Northern-gu, Daegu-gu, Seoul-do.

『2017 고단 33』 피고인은 2016. 10. 19. 21:40 경 대구 중구 D에 있는 'E 식당' 앞에 서 파지를 수집하다가, 파지 수집을 하는 피해자 F( 여, 75세 )로부터 “ 왜 남의 것을 가져 가노. 이놈의 자슥아.” 라는 말을 듣자, 손으로 피해자의 머리를 때려 넘어뜨리고, 발로 피해자의 옆구리를 수회 밟아 피해자에게 약 3 주간의 치료가 필요한 뇌진탕, 두피 열상, 요추 염좌의 상해를 가하였다.

Summary of Evidence

"2016 Highest 3843"

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Police seizure records;

1. Written estimate;

1. Each photograph;

1. Previous convictions in judgment: 2017 Gooman 33, 2017 inquiry about criminal history and investigation reports (verification of the period of repeated crimes by suspects);

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to the crime of damaging property)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. One type of crime (finites of violence) in the sentencing criteria; and

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