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(영문) 서울남부지방법원 2017.01.18 2016고단5455
재물손괴
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 24, 2012, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Suwon Flag method Board, and completed the execution of the sentence on September 22, 2015.

On August 5, 2016, around 17:32, 2016, the Defendant damaged the property of each victim to cover the repair cost of KRW 2.50,000 won in total five times, as shown in the list of crimes in the attached Form, by deducting the wind from the front seat of the driver's seat of DB-type car owned by the victim C, who was parked in the parking lot of the building B in Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Photographs of damaged vehicles;

1. On-site reports (CCTV);

1. A investigation report (related to CCTVs in B buildings);

1. Investigation report (a statement of damage and related to correction of the name of the victim);

1. A report on investigation (a photographic data on the scene of crime);

1. Previous conviction: Application of the Acts and subordinate statutes attached to the judgment, such as inquiry about criminal history, investigation report (verification of repeated offenses against the Act on the Aggravated Punishment, etc. of Specific Crimes) and three copies of the judgment, and one copy of the personal confinement status;

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

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

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

1. Scope of the recommended sentence based on the guidelines for multiple crimes: From 8 months to 1 year and 6 months (the general standards for the category 1 (damage, etc.) of imprisonment with prison labor for each of the recommended sentencing criteria: 8 months to 2 months of imprisonment with prison labor for each of the recommended sentence periods: 8 months to 3 months of imprisonment with prison labor for each of the changed guidelines for multiple crimes:

2. The Defendant, who was sentenced to punishment, was punished three times as a crime of destroying the same property, and was punished 11 times or more due to larceny, etc., and committed each of the instant crimes even during the repeated crime period.

Each of the instant crimes is an unspecified number of vehicles parked.

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