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(영문) 대전지방법원 2020.12.10 2020고단1169
특수재물손괴
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Justice] On December 21, 2017, the Defendant was sentenced to one year and two months of imprisonment for the obstruction of performance of official duties, etc. at the Daejeon District Court on July 7, 2018, and completed the execution of the above sentence. On December 6, 2018, the Daejeon District Court sentenced the Defendant to one year of imprisonment for an injury, etc. and completed the execution of the above sentence on October 8, 2019.

【Criminal Facts】

At around 14:55 on March 1, 2020, the Defendant collected one brick (a 23 cm, vertical 18 cm), which is a dangerous object located in the apartment chemical group, at the Dong-gu Daejeon B apartment Cdong parking lot, Daejeon, Dong-gu, Daejeon, and caused damage to the victim’s property by cutting off the front door of the E-car, the victim D, parked in the said parking lot, at the same time.

At around 22:40 on the same day, the Defendant continued to gather down the decline (a dangerous object) which is a dangerous object for the foregoing reason, and damaged the victim’s property by breaking off the front part of the G wing and the front part of the platform that was parked in the said parking lot, which was owned by the victim F.

Summary of Evidence

1. For previous records in ruling as to the defendant's legal statement D, F's statement and internal investigation report, each field photograph (Evidence Nos. 3, 7) of investigation report: The application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports (not less than 11 times before and after the suspect's violence, etc., and confirmation of

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing among concurrent crimes: The reason for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravating concurrent crimes with punishment prescribed for the crime of special destruction and damage to victim F with heavier penalty);

1. Scope of punishment by law: Imprisonment with prison labor for not more than 15 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Destruction and Damage of Property) (Determination of Punishment). Cumulative Crime, Special Destruction and Damage [Type 1], and Special Destruction and Damage (Special Destruction and Damage).

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