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(영문) 서울서부지방법원 2017.12.14 2017고단3043
재물손괴
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal record] On October 14, 2015, the Defendant was sentenced to eight months of imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) at the Seoul Western District Court, and completed the execution of the sentence at the Seoul Southern Prison on July 10, 2016.

[Criminal facts]

1. On August 5, 2017, the Defendant: (a) around August 21, 2017, on the street in Mapo-gu Seoul, Seoul, for the following reasons: (b) around August 5, 2017, the Defendant: (c) destroyed the repair cost of KRW 1,00,00,000, for repair, such as cutting off and cutting off the left space with the hand of the victim, who was parked in the said place, owned by the victim; and (d) cutting off the cellular phone of the Raber and the Defendant, and cutting off the front glass door of the said vehicle; and (d) cutting off the front door of the said vehicle by a handlight at several times; and (e) destroying the repair cost of KRW 1,00,000,00,000,000,000, which is the victim’s possession.

2. On September 3, 2017, the Defendant: (a) around September 22, 2017, at the F cafeteria parking lot located in Mapo-gu Seoul, Mapo-gu, Seoul on the ground that the victim did not receive a telephone; (b) thereby, damaged the repair cost amounting to approximately KRW 300,00,000, by making the victim’s possession of the said cafeteria, which is the victim’s possession by hand, drop the right-hand side of the car, and cutting the glass into the floor; (c) making the string; and (d) cutting off the glass door on the side of the said car once.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. The photograph of the damaged vehicle, tools and photographs of the damaged vehicle;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (the crime during the period of repeated crime and confirmation of the same records) statute;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Crimes 1 for the reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes (the scope of recommendations / [the scope of recommendations] general standards for Class 1 (property damage, etc.) (one month to six months) for mitigation area (including special mitigation factors] for punishment not (including serious efforts to recover damage) or for lack of punishment.

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