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(영문) 울산지방법원 2016.09.02 2016고단2076
특수재물손괴
Text

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

Reasons

Punishment of the crime

On August 20, 2010, the Defendant was sentenced to five years by the Ulsan District Court for committing murder and attempted murder, and completed the execution of the sentence on August 1, 2015.

On June 22, 2016, around 01:30 on June 22, 2016, the Defendant took the bath from D before the main point of “C” located in Ulsan Nam-gu B, Ulsan-gu, as a vision.

The defendant, who was parked in front of the Jeju point, moved the F car owned by the victim E into D's car and moved off the net value ( approximately 30 centimeters in length) which is a dangerous object that was in front of the Jeju point, and destroyed the car with the network value, 5,458,70 won of the repair cost.

Accordingly, the defendant carried dangerous things and damaged the victim's property and damaged its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written estimate;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, and personal confinement status;

1. Article 369 (1) or 366 of the Criminal Act applicable to the crimes and Articles 369 (1) or 366 of the Criminal Act;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The recommended sentencing guidelines (decision of type): Recommendations of the sentencing guidelines (decision of type): Habitual, repeated crimes, special damage, etc. (Habitual, Cumulative, Special Damage, etc.) that there is no person [the scope of recommending punishment] [the scope of recommending punishment] 8 months to 1 year and 6 months (basic area] from 8 months to 1 year and 6 months (general penal person] respectively; - Where a person commits a crime by carrying a deadly weapon or other dangerous articles with him/her and carrying a deadly weapon or other dangerous articles on at least two occasions, and where he/she commits a crime, he/she shall be sentenced to suspended sentence / Where he/she has no effort to recover damage: A contingent crime;

2. In addition, the Defendant committed a similar crime even if he/she was punished by a fine of KRW 1 million on November 18, 2015 on the date of damage to property on August 16, 2015 after release from the military court on August 1, 2015.

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