logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2018.09.12 2018고단744
특수재물손괴
Text

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

Reasons

Punishment of the crime

On June 15, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (competence) in the Changwon District Court’s branch, and on April 14, 2018, the Defendant terminated the enforcement of the sentence in the lawsuit of the first intersection of the North Korean Branch on April 14, 2018. On July 10, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., and filed an appeal against the said violation, and is still pending in the appellate trial.

On April 30, 2018, at around 02:10, the Defendant got into the office of the victim I, who was in Sih at Sih on April 30, 2018, and, under the influence of alcohol, left the entrance door glass (71cm in length) and broken down the market-free glass.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. Photographs;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, investigation report (whether a repeated crime is repeated and the confirmation of a pending case), and personal confinement status [the defendant is determined not to have lost mental or physical loss or mental weakness due to alcohol, etc. at the time of committing the crime in this case];

Application of Statutes

1. Relevant Article 369 of the Criminal Act; Articles 369 (1) and 366 of the Criminal Act; the choice of imprisonment for a crime;

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

1. Basic area (from August to June) of the basic area (specific damage, etc. to habitually, repeated crimes, special damage, etc.) of the types of punishment specified in the sentencing guidelines, repeated crimes, and special damage;

2. Circumstances favorable to the determination of sentence: The fact that the defendant acknowledges and reflects the crime, and circumstances that are relatively minor to damage: The defendant has the same record, and the defendant commits a crime during the period of repeated crime, and other circumstances, age, health conditions, environment, record of crime, etc. after the crime is committed.

arrow