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(영문) 부산지방법원 2017.10.31 2015고단8489
재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On October 19, 2009, the Defendant was sentenced to three years and six months to imprisonment with prison labor due to a crime of bodily injury, etc. at a common military court of the Military Court of the Military Service, and the period of parole on July 30, 2012 in a female prison was expired on July 30, 2012 while the sentence was executed.

[Criminal facts]

1. On October 27, 2015, around 03:10 on October 27, 2015, the Defendant damaged the property by gathering 13 custody monitors and microphones owned by the victim D, the victim D in Busan Jin-gu, Busan, on the ground that the part of the Defendant is bad, from 1st room of the “E main store” operated by the victim D, the victim D, which was located in Busan, thereby damaging the Defendant’s repair cost.

2. Special assaulting the Defendant collected beer’s disease, which is a dangerous object, on the ground that the victim D (52) was said to speak, at the time and place specified in paragraph 1, and used two times back head of the victim.

3. On October 27, 2015, the Defendant: (a) was investigated by the F Office of the Busan Police Station F Office located in the Busan Police Station located in 118 Doo-ro, Busan, Busan, on October 27, 2015, and was investigated due to the above special assault case, etc.; (b) made a statement to himself/herself as a pro-friendly G in order to conceal the fact of fines; and (c) made a false statement to the statement column in the suspect interrogation protocol; and (d) exercised it to H who knew of such forgery.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police against D;

1. Previous convictions: Application of a reply to inquiries about criminal history, investigation reports (verification of repeated crimes), and Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 366 of the Criminal Act of the choice of punishment (the point of destroying property, the choice of imprisonment), Articles 261, 260 (1) (the point of assaulting dangerous things, the choice of imprisonment), Article 239 (1) of the Criminal Act (the point of signing the company), Article 239 (2) and 239 (1) of the Criminal Act (the point of exercising the above signature) of the same Act;

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are erroneous.

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