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(영문) 수원지방법원 평택지원 2016.01.13 2015고단1891
재물손괴
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On May 9, 2013, the Defendant was released on December 24, 2013, when he/she was sentenced to eight months of imprisonment due to an injury, etc. in the Suwon District Court, and was released on December 24, 2013, and the remaining term of imprisonment has expired on January 4, 2014.

On January 30, 2015, at around 23:00, the Defendant: (a) paid public service allowances on the front of the D convenience store located in Pyeongtaek-si C; (b) caused damage to the passenger car in front of the F Spanpo Road owned by the victim E; (c) caused the plucker to hand, and damaged the 716,285 won of the repair cost, such as inter-way exchange, by destroying the right tighter; and (d) caused damage to the said car to the extent that the 716,285 won of the repair cost, such as inter-way exchange, etc., around January 30, 2015.

Accordingly, the defendant damaged another person's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, G, H, I, J, K, and L;

1. Written estimate;

1. A digital analysis and appraisal report;

1. Map of the place of occurrence, on-site photographs, and photographs of each damaged vehicle;

1. Photographss of the CCTV of a M apartment and a CCTV for the purpose of crime prevention by cutting down the CCTV and capturing up the damaged vehicle;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal identification and acceptance status Acts and subordinate statutes;

1. Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Where the sentencing criteria are applied [the scope of the recommended punishment] and the basic area (four months to ten months) of the basic area (special mitigation) (including a serious effort to recover damage) / Cases where a person commits a crime against an unspecified, unspecified or large number of victims, or commits a crime repeatedly during a considerable period of time;

2. The fact that the defendant's decision of sentence reflects his wrongness, the defendant is favorable to the defendant, such as the fact that the person with a disability of class IV, the victim G, and the other victims except L are not punished by the defendant.

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