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(영문) 서울북부지방법원 2017.10.26 2017고단2517
재물손괴
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The punishment of defendants shall be four months in prison.

Reasons

Punishment of the crime

On February 20, 2013, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and completed the execution of the sentence on May 30, 2014, and on April 7, 2016, at the Jung-gu District Court, sentenced two years of suspension of execution to four months of imprisonment with prison labor for a violation of the Act on the Protection and Observation of Specific Offenders and Electronic Monitoring, etc., and the judgment became final and conclusive on the 15th of the same month.

On May 4, 2017, the Defendant: (a) around 17:40, around 17:40, operated by D in Dongdaemun-gu Seoul Metropolitan Government, demanded alcohol to be changed; (b) on the ground that D refused to do so, the Defendant cut the floor by pushing ahead the television 1 unit (300,000 won) and a chemical 1 unit on the calculation unit of the location.

피고인은 이같이 피해자 D의 물건을 부숴 손괴하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Photographs of damaged articles;

1. Criminal history: Application of the Acts and subordinate statutes to inquiry, inquiry, investigation report (Attachment to the latest same sentence of punishment - repeated crime during the period of suspension of execution - Confirmation of the date on which the judgment becomes final and conclusive, etc.);

1. Article 366 of the Criminal Act, Article 366 of the Criminal Act;

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

1. The sentencing guidelines shall be recommended from four months to ten months;

2. Decision of punishment: to recognize errors;

There are five years of imprisonment, four times of probation, and 13 times of fine.

It is called an act committed under the influence of alcohol.

However, it is a repeated crime and is still under suspension of execution.

Although the defendant deposits KRW 300,00 for the recovery of damage, it is necessary to severely punish the defendant who makes up for the crime.

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