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(영문) 광주지방법원 순천지원 2019.09.06 2019고단1440
특수재물손괴
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 or 2 shall be forfeited from the defendant.

Reasons

Punishment of the crime

[criminal power] On March 24, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of destroying and damaging special goods in the Gwangju District Court’s net support, and the execution of the sentence was completed in the Gwangju Prison on July 17, 2017.

【Criminal Facts】

1. On June 22, 2019, at around 01:22, the Defendant broken down the victim D, who resides in the front corridor of the Suncheon apartment C, the Defendant’s residence, adjacent to the Defendant’s residential area, on the ground that the victim D could slick down, which is dangerous things (total length: 32cc, 32cc, blade length: 20cc).

Accordingly, the defendant damaged the victim's property by using dangerous things.

2. On June 23, 2019, the Defendant: (a) around 00:02, on the grounds that the Defendant’s dwelling is the upper house of the Defendant’s dwelling, and the Victim F residing in the front corridor of the B apartment E, which is a dangerous object (42 cm in length) and caused damage to the market value by putting the front door of the victim’s ownership at hand on a hand, which is a dangerous object (42 cm in length).

Accordingly, the defendant damaged the victim's property by using dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of F, G, and D;

1. Records of seizure and the list of seizure;

1. On-site CCTV closure photographs, photographs of committing a crime tools, and on-site photographs;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of the same kind of crime and repeated crime), and application of Acts and subordinate statutes on the status of confinement of each individual;

1. Relevant Articles 369(1) and 366 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment in accordance with Articles 366 of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant has a record of criminal punishment several times for sentencing under Article 48(1)1 of the Criminal Act, and in particular, even if he/she has been sentenced to a fine once again during the period of repeated crime due to the same kind of crime, he/she again commits the crime of this case, and the defendant has committed the crime of this case at a disadvantage.

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