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(영문) 서울서부지방법원 2018.10.04 2017고단3570
재물손괴
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

[2017 Highest 3570] On October 20, 2017, the Defendant destroyed the following methods: (a) around 04:30, 2017, the Defendant: (b) at “C” entertainment bars located in Mapo-gu Seoul Metropolitan Government; (c) under the influence of alcohol, the Defendant was able to put up music equipment equivalent to KRW 3 million in total at the market price of KRW 1,000,000,000, including 3 million, and 1,000,000,000,000,000,000,000 won, on the ground that the Defendant did not come to her marity.

[2017 Highest 3882] On November 29, 2017, the Defendant destroyed and damaged the “G” operated by the Victim F in Mapo-gu Seoul, Seoul, on the ground that the president and staff of the location disregards himself/herself, and the Defendant destroyed and damaged one of the following: (a) the unsatisfying of the market value, which is the victim’s possession in the stairs of the location, on the ground that the head and staff of the location disregards himself/herself.

Summary of Evidence

[2017 Highest 3570]

1. Statement made by the police against D;

1. On-site photographs (2017 Height 3882);

1. Statement made by the police with H;

1. Shell photographs of a sprinked sponser with a sponser;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 366 of the Criminal Act;

1. Aggravation of concurrent crimes: Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes against property damage on October 20, 2017, with a heavier penalty);

1. The scope of punishment by law: Imprisonment for not more than four years and not more than six months;

2. Application of the sentencing criteria;

(a) Basic crime: One type of the crime of destroying property [the types of decisions] on October 20, 2017 (the general standard for the crime of destroying property] (the area of recommendations and the scope of recommendations] (the scope of recommendations and recommendations), the basic area of the crime, and four months to ten months;

(b) Concurrent Crimes: One type of the crime of destroying property [the types of decisions] on November 29, 2017 (the general standard for the crime of destroying property] [the person subject to special sentencing] mitigation element] - Where actual damage is insignificant, [the territory of recommendation and the scope of punishment] mitigation area, one month to six months of imprisonment;

C. Many crime processing standards: Imprisonment for 4 months or more.

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