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(영문) 대구지방법원 김천지원 2020.01.14 2018고단1192
특수재물손괴
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

At around 14:00 on April 1, 2018, the Defendant damaged the repair cost of KRW 624,250 on a stone, which is a dangerous object in the surrounding area, on the ground that D New EF Station or other car volume, which is the victim C, was able to cover with the Defendant, on the road in front of the Gu-U.S. Si, the Defendant, at the end of 2018, damaged the repair cost of KRW 624,250.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a investigation report (a written estimate of vehicle repair costs submitted by a victim);

1. Grounds for sentencing under Articles 369 (1) and 366 of the Criminal Act, which relate to relevant Articles of the Criminal Act and the choice of punishment;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines (decision of types) and the basic area of repeated crimes and special damage [Type 1], special damage [the scope of the recommended area and the recommended punishment], six months to one year and two months;

3. The decision-making defendant acknowledges all of the crimes.

However, considering the contents of the instant crime that was destroyed by a stone that was around the victim merely because the Defendant was clear of the victim’s car and shocking, the liability for such crime is not less than that of the victim in light of the contents of the instant crime.

The Defendant was able to take a bath for those who want to observe their crimes.

The defendant has been punished several times for the same crime of violence, has not been able to recover the damage or have not been able to receive a letter from the victim, and there seems to be no intention to recover the damage.

The defendant was in an unfaithful attitude in the course of investigation, and the court did not appear without any justifiable reason.

In addition to the aforementioned various circumstances, the sentencing guidelines and the defendant's age, character and conduct, criminal records, circumstances surrounding the crime, and attitudes after the crime are also determined as ordered by considering various sentencing conditions.

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