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(영문) 대구지방법원 서부지원 2018.02.28 2017고단1477
특수재물손괴등
Text

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

Reasons

Punishment of the crime

[criminal records] On January 29, 2016, the Defendant was sentenced to one year and six months of imprisonment by obstructing the performance of official duties at the Daegu District Court, and the Defendant completed the execution of the sentence in the lawsuit against the third intersection of the Gyeonggi Northern District Court on April 4, 2017.

[Criminal facts]

1. Special damage: (a) around 18:00 on May 26, 2017, 18:18:00, and around the Seogu Daegu-gu Hospital D Hospital D, Daegu-gu, without any justifiable reason, blick bars (in iron materials and about 110cm in length) that are dangerous objects on the roads adjacent to D Hospital D Hospital D, which were parked and damaged the repair cost of KRW 315,425 on several occasions; and (b) the repair cost of HNS vehicle owned by the victim, such as the backlight, etc. of HVS vehicle, and the front door fences, etc., of the HVS vehicle owned by the victim, were destroyed by 1,65,190 won; and (c) the repair cost of the vehicle was damaged by flicking the front part of the vehicle in front of the victim’s JW test, which is owned by the victim so that the repair cost of KRW 450,000.

Accordingly, the Defendant carried a dangerous article, and destroyed three motor vehicles owned by the victims, thereby causing damage to the property amounting to KRW 2,420,615.

2. At the time, at the time, and at the place specified in Paragraph 1, the Defendant: (a) committed an assault against the victim I (44) by putting the Defendant on her galle and destroying a vehicle; (b) the Defendant committed an assault against the victim I (44) on the part of his galle, which is a dangerous object in the vicinity; and (c) on the part of his galle (15cm wide, 40cm long).

Accordingly, the defendant carried a tree scrap, which is a dangerous object, and assaults the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, and I;

1. Photographs, such as damaged vehicles;

1. Written estimate for each repair;

1. Previous convictions in judgment: References to inquiries, investigation reports (verification of the facts of crime, previous convictions, etc. during the period of repeated offense), copies of each judgment, and inquiry into the current status of personal expropriations;

1. Articles 369(1), 366, 261, and 260(1) of the Criminal Act of the same Act concerning the facts constituting an offense, the choice of imprisonment or a heavier punishment;

1. The Criminal Act for aggravated repeated crimes.

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