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(영문) 울산지방법원 2016.03.29 2016고단185
특수재물손괴
Text

A defendant shall be punished by imprisonment for one year.

One seized net (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On July 17, 2014, the Defendant was sentenced to one year by the Ulsan District Court for obstructing the execution of official duties, and completed the execution of punishment on June 6, 2015.

At around 20:30 on January 20, 2016, the Defendant destroyed the cash withdrawal machine to cover approximately KRW 4,511,779 in total by purchasing the net value, which is a dangerous object at the nearby Maart, and then making up KRW 4,511,779 in the cash withdrawal machine managed by the victim NongHy-dong branch of the NongHyupup Bank, the Defendant’s cash withdrawal machine, which was due to an error in financial transactions using the cash withdrawal machine, and the Defendant’s passbook was not discharged from the cash withdrawal machine.

The defendant, carrying dangerous objects, thereby damaging property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. An investigation report (investigation of a written estimate attached);

1. Police seizure records;

1. On-site and CCTV photographs;

1. Confirmation of repeated crimes, the number and acceptance status of each individual, and the application of statutes of a reply to inquiries;

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

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The types of recommendations for the sentencing guidelines: Recommendations for suspension of execution of a sentence in a basic area (not more than 10 years from the end of the sentence) - Where a person has committed a crime by habitual, repeated, or special damage (a repeated, repeated, special damage, etc.): Class 1 (A) (Aggravated, repeated, special damage, etc.): Reduction element - serious reflective factors - Where a person has committed a crime by habitual or multiple force, or by carrying a deadly weapon or other dangerous articles, he/she shall recover from damage caused by lack of social ties even before the suspension of execution at least twice a negative reason:

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