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(영문) 광주지방법원 2018.02.08 2017고단3971
특수재물손괴
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 11, 2015, the Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a group deadly weapon, etc.) at the Gwangju District Court, and completed the execution of the sentence on November 6, 2016.

On July 2, 2017, the Defendant: (a) destroyed the part in front of the G rocketing car owned by the victim with the width support unit (m) of the street trees, which is a dangerous object in the vicinity of the chemical due to the fact that the introduction of the victim F, who operates E on the front of the D, located in Young-gun C around the south Yong-gun, was not in mind; (b) 2:20 on July 2, 2017, the Defendant damaged the part in front of the G rocketing car owned by the victim two times in the width support unit (m) which is a dangerous object in the vicinity of the chemical and 180cm in length; and (c) 70,000 won in the repair cost per one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The photograph of the case and the photograph of the case submitted by the victim;

1. Application of the written estimate statutes;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of criminal facts;

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The defendant has a number of criminal records resulting from violent crimes, which are committed by the defendant. The defendant has a number of criminal records that are committed by violent crimes, in the basic area (from August 1 to June 1) of the category 1 (Habitual repeated crimes, repeated crimes, special damage, etc.) (i.e., special damage).

In particular, there have been a few years of punishment sentenced, and repeated crimes have been committed even though they were repeated crimes.

Even when examining the motive and background of the crime alleged by the defendant, it seems to be a dynamic crime with the present dynamic tendency, but it is difficult to consider it as a particularly favorable sentencing factor.

The sentence of imprisonment against the defendant is inevitable.

However, it reflects the wrongness while making a confession of crime, and it was not intended to cause harm to human life from the beginning, considering the favorable circumstances in determining the balancing.

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