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(영문) 부산지방법원 2016.03.25 2016고단190
특수재물손괴
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 14, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Busan District Court on the grounds of a violation of the Punishment of Violences, etc. Act, and completed the execution of the sentence on April 2, 2014 at the Busan Correctional Institution.

On April 8, 2015, the Defendant used each item (90cm in length, 3.3cm in thickness) which is a dangerous object (90cm in length, 3.3cm in thickness) in the middle-gu Busan, and damaged the Defendant’s car owned by the victim E (23cm in number) to repair cost of KRW 2,223,981.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement protocol with respect to E;

1. Previous conviction in holding on-site photographs, estimates, and investigation reports (on-site situations): Application of Acts and subordinate statutes to inquire about criminal history, to inquire about personal records, to the number and confinement status of each individual, and to report criminal investigations (verification of

1. Article 369 (1) and Article 366 of the Criminal Act, the choice of imprisonment with prison labor for the crime;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The sentence shall be imposed in light of the following: (a) where actual damage is insignificant in the mitigation area (four months to ten months); (b) where there are many records of violent crimes against the accused (decision of sentence]; (c) where there are many records of violent crimes committed against the accused during the repeated period of violent crimes; and (d) where damage has not been restored due to habitual, repeated, special damage and destruction of the type 1 (Habitual, repeated, special damage, etc.).

Provided, That all circumstances, such as the fact that the amount of damage is not significant, the health status of the defendant, the circumstances of the crime, etc.

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