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(영문) 대구지방법원 의성지원 2019.03.14 2019고단2
특수재물손괴
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 29, 2018, the Defendant was sentenced to 10 months of imprisonment with prison labor for obstruction of performance of official duties, etc. in the Daegu District Court's Ansan-dong Branch, and completed the execution of the sentence on January 3, 2019.

On January 5, 2019, at around 07:44, the Defendant: (a) laid the brick (a 18cm, vertical length: 8.5cm, thickness: 5cm) which is a dangerous object in loading a cargo parked at a nearby construction site without any particular reason, on the road operated by the victim C in the Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-gun, B; (b) and destroyed three glass windows with an electric column equivalent to KRW 300,000,000 at the market price displayed within the above 20,000,000,000 won.

Accordingly, the defendant carried dangerous articles and damaged the victim's property in a total of 7.90,00 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographss, photographs of criminal tools, records of 112 reported incidents, CCTV images, and estimates;

1. Previous records of judgment: Criminal records, inquiry reports, judgments, and the application of Acts and subordinate statutes on the current status of confinement by individuals;

1. Relevant Articles 369(1) and 366 of the Criminal Act and the choice of punishment concerning the facts constituting an offense;

1. The sentencing factors indicated in the arguments of this case, such as the defendant's age, environment, character and conduct, motive of the crime, means and result of the crime, etc., under Article 35 of the Criminal Act among repeated offenders, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case.

The favorable circumstances: The defendant recognized his mistake and divided.

The crime of this case was committed on the basis of the crime of this case, even though it was committed during the period of repeated crime, without any particular reason, and was destroyed by the glass window and the goods in the glass zone, and thus, the crime of this case is not committed in light of the Criminal Procedure Act.

The defendant has a past record of criminal punishment of not less than 20 times, such as the same criminal records and six times.

The victim is punished by the defendant because the damage has not been recovered.

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