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(영문) 울산지방법원 2018.10.04 2018고단1621
재물손괴
Text

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

Reasons

Punishment of the crime

On October 25, 2017, the Defendant was sentenced to four months of imprisonment with prison labor by the Ulsan District Court, and completed the execution of the sentence at the Ulsan District Court on February 21, 2018.

On April 19, 2018, the Defendant damaged the C cafeteria in front of the C cafeteria located in Ulsan-gun, Ulsan-gun, Ulsan-gun on April 16, 2018 by putting two front of the E-car in front of the victim D’s market value equivalent to the sum of 60,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each CCTV;

1. An investigation report (with respect to submission of written estimates of acceptance);

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (report of confirmation during the period of repeated offense);

1. Article 366 of the Criminal Act applicable to the facts constituting the crime;

1. The reason for sentencing of the proviso of Article 35 and the proviso of Article 42 of the Criminal Act for aggravated repeated crimes is divided in depth after the Defendant committed the crime, and even though the amount of damage of this case is relatively minor, it is recognized that the Defendant, including the same kind of punishment, went to the crime of this case again in only two months after the completion of the execution of the previous offense in the judgment, and the Defendant’s age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, etc. are considered to determine the same punishment as the disposition.

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