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(영문) 서울남부지방법원 2019.08.21 2019고단1326
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

The seized one (No. 1) shall be forfeited from the accused.

Reasons

Punishment of the crime

[Criminal Power] On February 5, 2016, the Defendant was sentenced to one year in Seoul Southern District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation). On November 12, 2016, the Defendant completed the execution of the sentence in Seoul Southern Prison.

【Criminal Facts】

1. Around January 28, 2019, the Defendant damaged the victim’s property by using a watch, which is a dangerous object, for the reason that the victim was slicked in front of Gangseo-gu Seoul Metropolitan Government C Apartment D, the domicile of the victim B, on the ground that the victim was slicked, and 12 times off the entrance, thereby destroying the entrance.

2. On February 27, 2019, at the place indicated in paragraph (1) around 19:45, the Defendant destroyed property of the victim, such as tearing the shock net installed on the victim’s home windows, in order to make the victim resist the facts reported to the Defendant 112.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Seized objects and photographs;

1. Investigation report (gate damaged to the tear gas or net);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, written judgments and personal confinement;

1. Relevant Article 369(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act (the point of causing damage to property and the choice of imprisonment) concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

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

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Destruction and Damage of Property) (Determination of Pronouncement of Punishment) and Special Destruction and Damage [Type 1] No person who commits a repeated crime and special Destruction and Damage [No person who is a special offender] [the scope of recommending area and recommendation] basic area, imprisonment with labor for six months to one year and two months;

B. Second crime (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property (special person).

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