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(영문) 광주지방법원 2017.09.21 2017고단3255
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 10, 2009, the Defendant was sentenced to seven years of imprisonment with prison labor for murder, etc. at the Gwangju High Court, and completed the execution of the sentence on December 18, 2015.

On April 2, 2017, at around 15:00 on April 15:0, 2017, the Defendant: (a) sought KRW 400,000 as the repair cost of the FK7 car in which the victim E (son, 34 years of age) had a sirend by the Defendant, and caused an accident; (b) assaulted the victim by walking on the victim’s bridge, knee, and fluor; and (c) damaged the said vehicle by walking on the victim’s bridge, knee, and fluor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report (the fact that the period of repeated crime of a defendant is period);

1. Relevant Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

(a) Class 1 of Article 1 of the Act on Recommendations by Crime 1 (Crime of Violence) / [Scope of Punishment of Violence] Where actual damage is minor in the area of mitigation (Article 1) of the Act on Punishment of Violence / [Article 1 of the Act on Punishment of Assault / [Article 1 of the Act on Punishment of Assault / [Article 1 of the Act on Punishment of Assault / [Article 1 of the Act on Punishment of Habitual Offense / [Article 1 of the Act on Punishment of Habitual Offense / [Article 1 of the Act on Punishment of Habitual Offense / [Article 1 of the Act on Punishment of Habitual Offense / [Article 1 of the Act on Punishment of Habitual / [Article

(b) Application of standards for handling multiple crimes: Imprisonment with prison labor for a period of four months to one year;

2. The Defendant, who was sentenced to a sentence, has committed not less than 20 times of criminal records, including ten times of violence, and committed a second offense without being aware of not only the period of repeated crime but also at the time when he was under criminal trial for other cases, it is inevitable to sentence the sentence.

However, the degree of damage caused by the crime of damage to property is light, and it is advantageous to the fact that the defendant led to the confession of the crime and reflects the mistake.

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