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(영문) 서울중앙지방법원 2017.08.24 2017고단152
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On April 18, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor for property damage, etc. at Seoul Northern District Court, and completed the execution of the sentence on December 9, 2014. On September 16, 2015, the Seoul Northern District Court sentenced eight months of imprisonment with prison labor for property damage, etc., and completed the execution of the sentence on October 2, 2015. On February 12, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for special property damage, etc. at the Seoul Northern District Court, and completed the execution of the sentence on December 16, 2016.

[Criminal facts] The Defendant had weak ability to discern things or make decisions due to polar disorder, etc.

1. On December 23, 2016, the Defendant: (a) around 23:10 on December 23, 2016, on the ground that she was frighting in the “E” operated by the victim D (E) located in Jung-gu Seoul, Seoul (hereinafter “E”) and she was frighting into E, thereby destroying one floiting floring in which the victim’s market price was 10,000 won.

2. On December 24, 2016, the Defendant assaulted the victim’s breast at one time by breaking the victim’s f (22 years of age) who was damaged by the Defendant’s f (22 years of age) while destroying the frighter’s frighter in front of the road, and by breaking the victim’s chest at one time due to any defect to be reported to the police.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A photograph of a CCTV image to be cut;

1. Previous convictions: References to inquiries, such as criminal history, written judgments, and application of Acts and subordinate statutes on personal confinement;

1. Relevant Article 366 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. The Defendant committed the instant crime within a short time after having been sentenced to imprisonment with prison labor for the same kind of crime, and the Defendant was punished several times for the same crime.

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