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(영문) 제주지방법원 2016.04.21 2016재고단2
재물손괴등
Text

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

One saw (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of three years for a crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, Etc. at Night Time) at the Jeju District Court on August 9, 2004. On July 24, 2008, the Defendant was sentenced to imprisonment for 8 months and a fine of 300,000 won for the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. at Jeju District Court on July 24, 2008, and the suspended sentence was revoked on January 28, 2011, and the parole period expired on May 2, 2011.

[Criminal Facts]

1. On August 2, 201, around 15:00, the Defendant: (a) at the “E private teaching institute” operated by the victim D on the level C and D on August 2, 2011; and (b) at the request of the victim D to request the vision of the building leased free of charge from the damaged party; (c) turned out the softener board of a coffee, which is set up on the floor of a computer monitor, and damaged the unrepair of the repair cost.

2. On August 4, 201, at around 12:00, the Defendant used a saw of 15cm in length, which is a dangerous object on the grounds as described in paragraph 1, as well as at the place described in paragraph 1, and the Defendant used a saw of 15cm in length, which is a dangerous object on the grounds as described in paragraph 1, and as the part of the items of the victim D (54 tax), “First, the Defendant made a threat to the victim D, and then made a threat to the victim F (n, 24 years of age) who is willing to leave the lecture room,” anywhere the width “A saw,” and the Defendant threatened the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police with regard to F;

1. Protocols of seizure, list of seizure and relevant photographs;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history data, report on investigation (the last day of the term of punishment for the defendant, and attachment report, including a copy of the judgment);

1. Relevant legal provisions of the Criminal Act, Article 366 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, and Articles 283 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.

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