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(영문) 의정부지방법원 2018.10.05 2018고단3307
특수재물손괴
Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Punishment of the crime

[criminal history] On August 18, 2016, the Defendant was sentenced to one year to imprisonment for a violation of road traffic law (drinking driving) at the District Court of the Jung-gu District on August 18, 2016, and completed the execution of the sentence on June 30, 2017.

[Criminal facts] Whether the Defendant was aware that the “D” store operated by the Victim C in Seocheon-si, Gyeonggi-do around 20:00 on December 19, 2017, was moved to another place, and that it was made by the victim C, which was located in Seocheon-si, Gyeonggi-do, and that it was made by the victim, the Defendant would not be able to sleep due to the outbreak of Oba, if there was an Oba,

“The chemical powder, stone, and reinforcement, which are dangerous objects from chemicalified as stated in the paragraph “, h h h h h h h h h h h h h h h h h h h h h h h h h h h h h

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Written estimate;

1. Previous convictions: Inquiry into criminal history and investigation reports (verification of repeated crimes) and the application of Acts and subordinate 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. The Defendant alleged to the effect that he was in a mental and physical state under the influence of alcohol at the time of committing the instant crime. However, according to the evidence adopted and examined by the court, the Defendant was in a state of mental and physical disorder at the time of the instant crime.

It is difficult to see the above argument. It is difficult to accept the above argument. The fact that there are many records of criminal punishment due to violent crimes, including the crime of destroying property for the reason of sentencing, recidivism during the period of repeated crime, etc., considering the circumstances unfavorable to the defendant, and the amount of damage is not less than the amount of damage, the agreement with the victim, and the reflection of it

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