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(영문) 서울남부지방법원 2016.07.27 2016고단1911
특수재물손괴
Text

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

Reasons

Punishment of the crime

On June 3, 2011, the Defendant was sentenced to four years of imprisonment with prison labor for robbery, larceny, etc. in Busan District Court's Dong Branch Branch, and completed the execution of the sentence on December 21, 2014.

On November 18, 2015, the Defendant damaged the total repair cost of KRW 220,000 by unloading the front and next glass windows of the BH 3 vehicle owned by the victim BG, as a dangerous object from the “BF restaurant” parking lot located in Daegu Suwon-gu BE on November 18, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against BG;

1. A criminal investigation report (as to attaching photographs of damaged vehicles);

1. A investigation report (to be attached to a written estimate);

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, reporting on the unwritten previous convictions and result confirmation, application of Acts and subordinate statutes on personal identification and acceptance status;

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

1. From August to one year and six months from the date of imprisonment on the sentencing guidelines (the basic area of the recommendation range on the sentencing guidelines (Habitual, repeated, special damage, etc.);

2. In light of favorable circumstances, such as the fact that the Defendant, who was sentenced to criminal punishment more than 10 times due to robbery in the past and was subject to criminal punishment due to robbery in the past; the Defendant committed the instant crime even during the repeated crime period; the Defendant still failed to recover damage therefrom; and the damage from the instant crime is relatively minor; and the Defendant committed a crime committed at a similar time as pending in the appellate trial, which is favorable circumstances, such as the fact that the damage from the instant crime is relatively insignificant; and the same type of crime committed at a similar time as pending in the appellate trial

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