logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.03.22 2018고단4575
재물손괴
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On February 16, 2016, the Defendant was sentenced to one year of imprisonment due to an injury, etc. by the Seoul Northern District Court, and completed the execution of the sentence on December 19, 2016.

【Criminal Facts】

On October 18, 2018, the Defendant: (a) around 22:04, around 22:04, at the rooftop room of the victim C in Jung-gu Seoul Metropolitan Government, without any particular reason, destroyed the Defendant’s fee by fasting the victim’s microfrat, frating, sounding, simple book, book-keeping, clothes-receiving, frat, etc.; and (b) destroying the victim’s market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written statement prepared in C;

1. A criminal investigation report (in cases of attaching photographs to the scene of the incident), and photographs of the site of attached cases;

1. Previous records of judgment: Criminal records, etc., inquiry report, previous records of disposition, report on results of confirmation, and application of Acts and subordinate statutes to the acceptance status of each individual;

1. Article 366 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. In the case where the general criteria for the range of recommending punishment are provided for in Category 1 (Destruction, Destruction, etc. of Property), the area of mitigation (one to six months), the area of punishment (including those subject to special mitigation and mitigation), the source of punishment (including serious efforts to recover damage), or a significant damage has been recovered / The same repeated crime of the same kind; and

2. According to the circumstances in which the defendant's decision on the sentence of punishment of this case has recognized the crime of this case and reflects the mistake, the victim's intention and agreed with the victim is favorable to the defendant, and the defendant has been punished several times for the same crime in the previous years, and the defendant again committed the crime of this case despite the fact that he/she had been punished several times for the same crime even during the period of repeated crime, the defendant's age, character and behavior, environment, relationship with the victim, motive and circumstance of the crime, means and result, the circumstances after the crime of this case and all the sentencing conditions in the trial process shall be determined as the sentence of this case, comprehensively taking into account the following factors.

arrow