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Reasons
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(영문) 광주지방법원 2018.08.14 2018고단1925
특수재물손괴등
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A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

In a state that the Defendant lacks the ability to distinguish things or make decisions due to depression, etc., the Defendant:

1. On December 11, 2014, the Defendant: (a) around 23:36 on December 11, 201, the Defendant: (b) placed a credit card into the cash withdrawal machine No. 41, “E branch 365 Corpppppp” managed by the Victim D of Gwangju Mine-gu; (c) placed the cash withdrawal machine more than 40 times on the ground that it does not operate beyond the device; (d) continued to walk up the cash withdrawal machine at least 40 times; and (e) sustained a 365cop kh hand, which was opened and closed more than 10 times, and destroyed the connecting section below the entrance.

As a result, the Defendant damages the cash withdrawal machine amounting to approximately KRW 868,560, which is worth KRW 165,000 for the repair cost, respectively.

2. On April 22, 2018, the Defendant destroyed special property: (a) discovered an automobile with the victim H to set up in the Seoul East-gu Seoul Special Metropolitan City Mayor, “G” located in the Seoul Special Metropolitan City F, with the part between the said vehicle (a total length of approximately 180cm) and the part between the said vehicle, which is a dangerous object (a total length of about 180cm) without any reason.

Accordingly, the defendant carried dangerous articles and damaged the above vehicle owned by the victim to cover KRW 1,277,70.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to J and H;

1. The K's statement;

1. On-site photographs of the case;

1. Written estimate;

1. Photographs photographs of CCTV images;

1. On-site, damaged objects, and photographs of criminal tools;

1. Application of the investigative report (CCTV fix photographs) Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 369 (1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, and the choice of imprisonment, respectively, with labor for the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Type 1 (Habitual, Habitual, Habitual, Special Damage, etc.) [person subject to special sentencing] of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act on the grounds of the sentencing of concurrent crimes, Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (Article 38(1) of the Act on the Aggravated Punishment of Crimes) -

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