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(영문) 대구지방법원 2019.02.12 2019고단73
재물손괴
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On June 29, 2016, the Defendant was sentenced to imprisonment with prison labor for night buildings, intrusion of buildings, larceny, etc. at the Daegu District Court, and completed the execution of the sentence in the Daegu Prison on December 16, 2017.

【Criminal Facts】

On August 29, 2018, the Defendant: (a) around 04:44, around the “D” convenience store for the victim C’s operation in Yongcheon-si B; (b) on the ground that the Defendant purchased tobacco at the convenience store in the same month at the convenience store, and said employee said that the principal employee of the Defendant would be “influence,” the Defendant destroyed the Defendant’s total amount of the victims’ property worth KRW 630,000,000, in total seven times from that time until October 28, 2018, as indicated in the list of crimes committed in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, C, G, and H prepared;

1. A report on internal investigation (additional damage, etc.), investigation report (verification of CCTV data for field and crime prevention), internal investigation report (CCTV image, etc.);

1. CCTV images, photographs, each on-site photograph, CCTV closure photographs, and CCTV images;

1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report related to repeated crimes);

1. Relevant Article 366 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

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

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

1. The scope of recommendations based on the sentencing guidelines for offenses of category 1, 2, and 3 (the scope of recommendations) and the general standards for offenses of category 1 (Destruction, Damage, etc. of Property): The scope of final sentences resulting from the increase of multiple offenses, where they are intended for unspecified persons or many victims, or they are committed repeatedly during a considerable period of time: August to February;

2. Where the defendant who made a decision on the sentence of sentence causes serious injury to the victim's vehicles, etc. such as neighboring residents, etc., the crime shall be committed.

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