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(영문) 대구지방법원 경주지원 2017.11.23 2017고단596
특수재물손괴
Text

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

Reasons

Punishment of the crime

[criminal records] On September 7, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of destroying special property in Daegu District Court and racing support, and on May 7, 2017, the Defendant completed the execution of the sentence at Daegu Prison on 27 occasions.

[2] On July 30, 2017, the Defendant, on July 30, 2017, at around 21:25, at the “cafeteria” operated by the victim C (n, 79 years of age), the Defendant, alone, released the entrance door door to the victim’s possession so that, while drinking alcohol, the Defendant, alone, took a bath to other customers while drinking alcohol and was sprinked from the damaged person while he was sprinked, the Defendant sprinked, which is a simple and dangerous object, sprinked with a repair cost of 10,000 won.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. Dispatched situation and report accompanied by photographs;

1. Previous convictions in judgment: (A) a written reply to inquiry, such as criminal history, (A), a criminal report (limited to the same type and repeated crimes and criminal records and criminal records of repeated crimes and / a summary order / confinement status), and a copy of the judgment 15 / a summary order 6 / a summary order / a summary order /

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of criminal facts;

1. The Defendant, for the reason of sentencing Article 35 of the Criminal Act, has been punished several times for violent crimes.

In particular, on June 22, 2016, the Defendant was sentenced to a suspended sentence of three years for a special injury by the Daegu District Court for one year and six months (the Defendant was sentenced to a suspended sentence of one year and six months). On September 7, 2016, the Defendant was sentenced to eight months for a special property damage by the Daegu District Court racing support, and on May 7, 2017, the Defendant committed the instant crime during the period of the suspended sentence of one year and six months, even though he was sentenced to a suspended sentence of eight months for a special property damage by the Daegu District Court.

It is inevitable to impose strict penalties.

The defendant repents his mistake and compensates for the damage.

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