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(영문) 부산지방법원 2016.02.04 2015고단6848
재물손괴
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal history] On May 23, 2014, the Defendant was sentenced to imprisonment with labor and one year and six months in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in Busan District Court (such as intrusion upon residence, rape, etc.) and completed the execution of the sentence in the Ganyang Detention House on July 17, 2015.

[Criminal facts] The Defendant committed each of the following crimes under the status that the Defendant lacks the ability to discern things or make decisions due to a friendly and detailed personality disorder, etc.

1. On September 13, 2015, from around 02:00 to around 05:00, the Defendant destroyed the property in order to cover the repair cost amounting to KRW 650,000, by gathering the bricks around the E-cafeteria of the victim C’s operation in Busan Dong-gu, and cutting off the bricks that were located therein without any justifiable reason, under the influence of alcohol, toward the said restaurant.

2. On September 13, 2015, between around 02:00 to 05:00 on September 13, 2015, the Defendant inflicted damage on the victim F’s stores located in Busan Dong-gu, to the extent that, under the influence of alcohol, the Defendant destroyed the victim’s free will, without any justifiable reason, destroyed the repair cost of KRW 45,00 by destroying the victim’s free will.

3. On September 13, 2015, the Defendant: (a) around 02:05 on September 13, 2015, the Defendant: (b) destroyed the property in order to cover repair costs by breaking the air conditioner outside the floor, which was the victim of the stairs located in the stairs located in the Busan Dong-gu, Busan, without any reason, around the boundary of the “J” for the operation of the victim H, located in the Busan Dong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, H, and C;

1. A damaged photograph;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal history, inquiry, identification and confinement status;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting the crime. Article 366 (Options of Imprisonment with Labor)

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the reason of sentencing [the scope of recommendations] shall be general standards.

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