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(영문) 수원지방법원 2018.01.18 2017고단7492
특수재물손괴
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On November 7, 2017, the Defendant: (a) carried a dangerous object in the vicinity of the Defendant’s house, which was dangerous in front of the Victim D’s house residing in 303 Dong 101, and damaged the victims’ property by carrying the dangerous object at a total of eight times from November 5, 2017 to November 11, 2017, using bricks (fence 26cm in width, vertical length 13cm), which were installed in the entrance of 101; and (b) destroying the digital locking device to replace the said digital locking device, etc. at a cost of KRW 1.3 million; and (c) from around November 5, 2017 to around the day of the same month, the Defendant carried the dangerous object at least eight times in the same manner as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each victim statement of E, D, F,G, H, I, J, and K;

1. A written statement of L relevant witnesses;

1. On-site photographs, CCTV photographs and on-site photographs;

1. Application of Acts and subordinate statutes on criminal investigation reports (the source of brick, motive for crime, additional statement by a victim of 202);

1. Relevant Article 369 of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

(a) Where the mitigated area (4 months to 10 months), such as the mitigated area (including special mitigation) (4 months to 10 months), the punishment not for punishment (including serious efforts to recover damage), or significant damage has been restored to one category (including habitual, repeated, special damage, etc.) habitually, repeated crimes and special damage;

(b) A case where the mitigation area (4 months to 10 months), such as the mitigation area (including special mitigation) of the punishment (including serious efforts to recover damage) or significant damage has been restored due to the Class 1 (Habitual, repeated, special damage, etc.) habitually, repeated crimes, and special damage;

(c) Type 1 (Habitual, repeated, and special damage, etc.) in the mitigated area (4 months to 10 months), (including special mitigation) in the mitigated area (including serious efforts to recover damage), or substantial damage has been restored to the mitigated area (4 months to 10 months), such as habitual, repeated, and special damage;

(d)the scope of final sentence due to the aggravation of multiple offenses:

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