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(영문) 광주지방법원 순천지원 2015.10.30 2015고단1623
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 24, 2011, the Defendant was sentenced to three years of suspension of execution for one year of imprisonment with prison labor for injury, etc. in the Gwangju District Court’s Net Branch, and the judgment became final and conclusive May 28, 201. On December 14, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) in the Gwangju District Court’s Net Branch Branch, and the said judgment became final and conclusive on December 22, 2012, and the said suspension of execution was revoked and the execution of the said punishment was completed in the Chuncheon Prison on November 30, 2013.

At around 10:20 on August 21, 2015, the Defendant: (a) destroyed 8,283,858 won in repair cost to the effect that the Defendant destroyed 3,283,858 won in the front glass, back glass, and right side glass of the E E E E-cooS car owned by the victim, on the ground that the Defendant was making the Internet gambling at the above time room before the victim’s operation, and caused the loss of money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written estimate;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (attached to the same type of judgment, etc.);

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

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] Habitual, Habitual, Special Destruction, etc. (Habitual Cumulative Offense, Habitual Offense, Special Destruction, etc.) where the mitigation area (4 to 10 months), the mitigation area (including serious efforts to recover damage) / [decision of sentence] the defendant committed the instant crime during the repeated offense period / the defendant committed the instant crime during the repeated offense period, and the damage also is not easy, and the defendant needs to be punished strictly in that it is not easy. In addition, the same sentence as the disposition is determined in consideration of the fact that the defendant commits the instant crime during the repeated offense period, the defendant commits the crime in depth, and the fact that the victim agreed with the victim.

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