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(영문) 창원지방법원 마산지원 2016.12.20 2016고단1163
특수재물손괴
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On February 18, 2014, the Defendant, at the Changwon District Court, sentenced four months of imprisonment for the obstruction of performance of official duties, and completed the execution of the sentence in the Changwon Prison on April 7, 2014.

【Criminal Facts】

On August 8, 2016, the Defendant destroyed the repair cost of KRW 1,122,590 in the front parking lot of LH apartment △△△dong, which is located in the fast-si 04:30 on August 8, 2016, the Defendant: (a) was parked in the front parking lot of LH apartment △△△△△, which is located in the fast-round 315-3, by cutting the brick, which is a dangerous object in the front string; and (b) was parked in the front string, by cutting down the front glass of the CM3 car owned by the victim, the window glass in front of the string, and the rear glass.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each photograph;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment of judgments on the same kind of case);

1. Article 369 (1) or 366 of the Criminal Act applicable to the crimes and Articles 369 (1) or 366 of the Criminal Act;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of recommendations based on the sentencing guidelines: Where the mitigated area (4 to 10 months), the mitigated area (4 to 10 months), or significant damage (including serious efforts to recover damage), or the mitigated area of punishment (including special mitigation), the mitigated area (4 to 10 months), or a significant damage has been restored, from April to October (the scope of recommending punishment) habitually, repeated crimes, special damage and damage;

2. Determination of sentence: The sentencing conditions, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be set as the order.

Unfavorable circumstances: Many of the records of punishment for the same crime, and even if they were repeated crimes, they committed the crime of this case.

The vehicle has been damaged over several times using bricks, and the degree of damage to the vehicle is also serious.

The favorable circumstances: The crime of this case is against the law.

The injured does not want the punishment of the accused.

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