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(영문) 울산지방법원 2013.11.21 2013고단2438
상해등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged of this case, the injury is acquitted.

Reasons

Punishment of the crime

On January 22, 2010, the Defendant sentenced the Ulsan District Court to one year and six months of imprisonment for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence at a port prison on April 28, 2011. On August 26, 2011, the Ulsan District Court sentenced the imprisonment of one year and six months in the Ulsan District Court for violating the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., and completed the execution of the sentence at the Ulsan Detention House on January 20, 201.

At around 09:30 on April 14, 2013, the Defendant: (a) was drunk in front of the “E” restaurant operated by the Victim D in Ulsan-gu, Ulsan-gu, Seoul-gu; (b) caused the damage of the victim’s property by breaking the water pipe glass equivalent to KRW 200,000,000 at the market price displayed in the said restaurant; and (c) caused the damage of the victim’s property by breaking all active terms, such as light or ju, etc. in a water tank.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. destructive photographs;

1. A deposit slip and a statement of transactions;

1. Previous records: Application of criminal records, etc., inquiry reports and investigation reports (report on confirmation of the fact that the person is a repeated offender) Acts and subordinate statutes;

1. Article 366 of the Criminal Act applicable to the crimes and Article 366 of the Election of Imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. In light of the fact that there are many criminal records, such as the number of days of pre-trial detention, which was damaged by violent crimes in Article 57 of the Criminal Act, the number of days of pre-trial detention, and the amount of damage has not been reimbursed up to the day, and the defendant has been punished four times by larceny, etc., a considerable period of imprisonment is selected, and the crime of this case has been committed again for three months only after the completion of the final execution. Therefore, a sentence of imprisonment by law is inevitable.

However, the sentence shall be determined as per Disposition by taking into account the fact that the amount of damage is relatively small and that the amount of damage is not much severe, and that the amount of detention life was committed for a considerable period

Parts of innocence

1. The Defendant is guilty of an injury.

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