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(영문) 인천지방법원 2018.04.13 2017고단9483
특수재물손괴
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On August 28, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of intrusion upon residence in the Incheon District Court’s Branch Branch on August 28, 2015, and the execution of the sentence was terminated on June 25, 2016.

On February 7, 2018, the Defendant was sentenced to one year from the Incheon District Court's Branch of the Incheon District Court due to the intrusion of building structures, and the judgment became final and conclusive on February 15, 2018.

[Criminal facts]

1. Around 02:00 on September 18, 2017, the Defendant, under the influence of alcohol in front of the Southern-gu Incheon Metropolitan City C, set off the E-mail owned by the victim D, which was parked there without any justifiable reason, using a brick (18cm wide, 8.5cm long) that is a dangerous object of the front and rear glass windows of the driver’s seat of the vehicle, and damaged the repair cost of 110,000 won.

2. On September 18, 2017, at around 02:00, the Defendant: (a) was drunk in front of the Nam-gu Incheon Metropolitan City, and parked at the same place without any justifiable reason; (b) was also hrocland owned by the Victim G by the Defendant, using a brick (18cm wide, 8.5cm long) that is a thing dangerous to the front side of the knife of the knife of C and the front side of the knife, and damaged the unclaimed repair cost.

3. On September 18, 2017, at around 02:00, the Defendant: (a) set off the glass window part of the KTB-ri-ri-ri-type car owned by the victim J, which was under the influence of alcohol in front of the Incheon Southern-gu I Housing without any reason, from the road to the main wall (18cm wide, 8.5cm long) to the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of J, G and D (a simple statement, victim);

1. Photographss of each relevant party and parts of the victim G damage;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of the history of repeated crime and the expiration of the term of punishment), search data and text of judgment ( Incheon District Court Decision 2018 Jincheon-Support 2018 Highest 31) shall be made;

1. Relevant Article 369 of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act, and the choice of imprisonment for the crime;

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

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes:

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