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(영문) 춘천지방법원 강릉지원 2017.09.27 2017고단463
재물손괴등
Text

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

Reasons

Punishment of the crime

[criminal records] On January 27, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor due to a special assault in the Gangnam District Court Branch Branch, and on August 2, 2016, the Defendant completed the execution of the sentence in the Gangnam Prison Branch.

[2] On March 22, 2017, the Defendant of the 2017 Highest 463, the Defendant: (a) collected the victim’s land at around 10:00 on March 22, 2017, before the Victim D (V, 79 years of age) located in the East Sea C; and (b) did not remove the victim’s land at around 79 years of age

In this regard, the victim's external wall of the building had the effect of the victim's outer wall by making a marculing "the owner of unauthorized intrusion removal" using the marced car frame on the outer wall.

On June 9, 2017, the Defendant: (a) at the YWCA Free Meal Service Center located in 182, GWCA free from the air to take food on the ground that (b) the victim E (61 years old) who was waiting in order to take a food is a letter to reduce the Defendant; (c) the Defendant pushed down the above victim’s face level and knee level; and (d) broken down the above victim’s face level and knee level as soon as possible.

As a result, the Defendant brought about multiple gamblings, etc. to the victim for approximately two weeks of treatment.

Summary of Evidence

"2017 Highest 463"

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs "2017 Highest 948";

1. Partial statement of the defendant;

1. Each police statement made to E, F, and G;

1. A photograph of damage and a diagnosis report;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment and the current status of personal expropriation;

1. Relevant Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, and choice of imprisonment with labor for the crime;

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

1. The Defendant committed the instant crime during the period of repeated crime due to the same crime under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, and the Defendant committed the instant crime under Article 463 of the same Act without being aware of the fact that he/she committed the instant crime under 2017 senior group 948, the Defendant did not reach an agreement with the victims, and the Defendant did not agree.

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