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(영문) 춘천지방법원 강릉지원 2012.12.20 2012고합168
폭력행위등처벌에관한법률위반(상습집단ㆍ흉기등손괴)
Text

A defendant shall be punished by imprisonment for three years.

Confiscation one excessive seizure shall be confiscated.

Reasons

Criminal facts

On September 10, 2009, the Defendant was sentenced to three years of imprisonment for a violation of the Punishment of Violences, etc. Act (Habitually collectives, deadly weapons, etc., damage, etc.) in the Gangnam Branch Branch of the Chuncheon District Court on September 10, 2009, and completed the execution of the sentence in the port prison on July 15, 2012.

At around 23:00 on September 1, 2012, the Defendant, without any justifiable reason, destroyed the property of another person in a total of 28 times from September 1, 2012 to September 3, 2012, by smelling 1.50,00 won of repair cost by smelling her wheel side, which is a deadly weapon (24cc in length, 13cc in blade length) parked by the victim C, using a finite, which is a deadly weapon (24cc in length, 13cc in blade).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, C, G, H, I, J, K, L, M, M, N, P, Q, R, S, T, U, V, W, X, Y, and Z;

1. Police seizure records;

1. Photographs of each damaged vehicle, investigation report (Attachment of a field photograph), investigation report (Attachment of a photograph of a seized object), investigation report (in the event of arrest of a suspect), investigation report (in the event of investigation), investigation report (in the case of addition of a victim vehicle), investigation report (in the case of addition of a victim vehicle), criminal investigation report (in the case of addition of a victim vehicle), copy of the damaged scene, photograph of the damaged vehicle, written estimate, investigation report (in the case of addition of a victim), vehicle inspection, specifications

1. Previous convictions indicated in judgment: Criminal records, investigation reports (attached to a judgment attached to the same attached hereto), and current status of personal identification and confinement;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 3 (3) 1 and (1), Article 2 (1) 1, and Article 366 of the Punishment of Violences, etc. Act on the Punishment of Crimes;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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