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(영문) 광주지방법원 순천지원 2020.04.02 2019고단915
재물손괴
Text

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

Reasons

Punishment of the crime

On December 22, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at Seoul Northern District Court on December 22, 2017, and the said judgment became final and conclusive on April 23, 2018.

During the period between November 17, 2014, 18:30 to November 18, 2014, 2014, the Defendant: (a) used a stone away from each other in the temporary parking lot C in Sejong-si B, to use it in the said parking lot; (b) the head glass window of the EK3 car owned by the victim D; (c) the victim F-owned G Ors car’s head glass window; (d) the victim H-owned I K7 driver’s glass window; (e) the victim H-owned I K7 driver’s free window; and (e) the vehicle’s free window for the victim J-owned vehicle’s low repair cost; and (e) moved the above bus to another road adjacent to the bus terminal; and (e) 690,000 won of the repair cost by using the bricks located on the said road.

Accordingly, the defendant destroyed the victims' property and the above favorable points respectively.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each statement of H, D, N, and L;

1. A report on the occurrence of loss;

1. On-site photographs and vehicle photographs;

1. Previous convictions indicated in judgment: Application of two copies of criminal records, two copies of written judgments (15 high-speed1, 18No186, Seoul High Court, etc.), investigation reports (verification of the fixed date of judgment) and statutes;

1. Relevant Article 366 of the Criminal Act and the choice of punishment concerning the facts constituting an offense, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act was that the defendant shouldered the glass window of a number of vehicles using stones or bricks and did not recover from damage without good quality, and the defendant reflects the mistake, and at the same time ruled that the violation of the Act on the Control of Narcotics, etc. (fence) and the ex post facto concurrent crimes are related to the crime of violation of the Act.

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