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(영문) 대전지방법원 홍성지원 2018.07.17 2018고단345
특수재물손괴
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On May 16, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for special property damage in the Hongsung Branch of the Daejeon District Court, and completed the execution of the sentence in the Red Prison on August 20, 2017.

[2] On May 7, 2018, the Defendant: (a) collected cement block (17cm in width, 18cm in length, 18cm in height, 10cm in height, 10cm in height) which is a product dangerous to the public telephone boxes owned by the Victim KTing C&C Co., Ltd. before the point of Bocheon-si, YF Bank located in 18:25 Bocheon-ro, Gyeongcheon-ro, 2018; and (b) destroyed five copies of the market price of which is equivalent to KRW 250,00 in public telephone boxes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, D, and E;

1. Field photographs, etc.;

1. 112 Reporting case handling table;

1. Written estimate;

1. Previous convictions in judgment: A reply to inquiries about criminal history, the current status of personal expropriation, and application of the judgment text 3-2;

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. In full view of the circumstances following the sentencing reasons under Article 35 of the Criminal Act for aggravated repeated crimes, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of the sentencing indicated in the records, such as the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the crime.

A favorable circumstances: The defendant's mistake and reflects, and the fact that the damage is relatively minor: The defendant does not know even though he is a repeated crime due to the same crime, and without any special reason, re-influences to the crime of this case; the damage was not recovered; the damage was not recovered; the damage was repeatedly avoided damage to the glass of the public telephone, thereby creating unstable for citizens; and the risk of re-influences is likely to be high.

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