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(영문) 서울남부지방법원 2019.11.21 2019고단4236
폭력행위등처벌에관한법률위반(상습재물손괴등)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

【Criminal Power】 On October 31, 2013, the Defendant was sentenced to a two-month suspended sentence for a violation of the Punishment of Violences, etc. Act at the Seoul Southern District Court on June 17, 2014, and was sentenced to a two-month suspended sentence for the same court on January 15, 2014, and was sentenced to a two-month suspended sentence for an injury on April 11, 2014, and was sentenced to a two-month suspended sentence for the same court on April 11, 2014; and on June 1, 2017, the same court was sentenced to a six-month suspended sentence for a violation of the Punishment of Violences, etc. Act (Habitual goods special damage, etc.) at the Seoul Southern District Court on October 17, 2017.

【Criminal Facts】 On August 14, 2019, the Defendant: (a) around 15:40, at the “D” package run by the victim C in Guro-gu Seoul Metropolitan Government, the Defendant destroyed that the Victim’s husband promised to meet with the Victim C, but the contact was cut down on the ground that the contact was cut down; and (b) the Victim’s husband left the back the air panty at the seat of the victim, and caused the damage to prevent the Victim from becoming aware of the repair cost.

As a result, the Defendant again damaged the property of the victim during the period of repeated crime even though he/she was sentenced to imprisonment more than twice due to a violation of the Punishment of Violences, etc. Act, such as the above criminal records.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs;

1. Previous records: Application of Acts and subordinate statutes on criminal records, inquiry reports and change of the name of the crime (including attachment rulings and personal confinement status);

1. Article 2(3)1 and (2)1 of the Punishment of Violences, etc. Act on the Punishment of Criminal Crimes, Articles 366 and 35(1) [Inasmuch as the provisions of the Punishment of Violences, etc. Act are aggravated punishment in cases of punishment as a repeated offense, it shall not be aggravated for a repeated offense again with regard to the punishment prescribed in the above provision] of the Criminal Act

1. Scope of the recommended sentence according to the sentencing guidelines (decision of type) [Article 1] Cumulative Crime, Special Destruction and Damage (Special Destruction and Damage)]. Cumulative Offense, Special Destruction and Damage (Special Aggravation of Punishment): The recommended area of the non-compliance of punishment and the recommended range of punishment;

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