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(영문) 대전지방법원 논산지원 2016.09.27 2016고단127
특수재물손괴
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] The Defendant was sentenced to a suspended sentence of two years in October 18, 2007 by obstructing the performance of official duties in the Daejeon District Court's Support for the Daejeon District Court on October 18, 2007 and was sentenced to a suspended sentence of two years in the same kind of violent crimes nine times.

[2] While the Defendant filed a civil petition on the grounds that malodor occurred in the Sungdong Industrial Complex located in the Sungdong-dong, Sungdong-dong, Sungdong-si, Sungsan-dong, the Defendant destroyed the repair cost of KRW 627,200,00 by the victim E (62 tax) around D Jeong Jong-si, 19:40 on February 16, 2016, when driving a car owned by the victim and going to the Defendant by driving a car with the Fexntonn in the victim’s possession, he thought that the above victim was dissatisfied with the Defendant’s civil petition and died to the Defendant, and one knife, which is a dangerous object, was collected on the driver’s seat at the above car, and f27,200,000 won of the above car.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Written estimate;

1. Photographs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (applicable to the suspect's criminal judgment and attachment of summary order);

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] : habitually, repeated crimes and special damage (Habitual, repeated crimes, special damage, etc.) in the mitigation area (4 to 10 months) / [Special mitigated Persons] in the case where punishment is not imposed (including serious efforts to recover damage) or significant damage is recovered (the decision of sentencing] in the case where the defendant had been punished several times for the same crime, and the defendant committed the crime in this case again despite the fact that the defendant had been punished several times for the crime in this case, and the victim seems to have suffered considerable mental impulse due to the crime in this case, it is necessary to punish the defendant strictly.

(b).

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