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(영문) 인천지방법원 2018.03.22 2017고단7825

특수재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On December 24, 2014, the Defendant was sentenced to three years of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Incheon District Court (hereinafter “Seoul District Court”) and completed the execution of the sentence on September 10, 2017.

[Criminal facts]

1. On October 22, 2017, the Defendant: (a) around 16:15, 2017, the Defendant: (b) was under the influence of alcohol in front of D on the street located in Nam-gu Incheon Metropolitan City, Seoul; (c) the victim’s market price owned by E (35 years old) was 50,000 won in a size equal to the amount of KRW 550,000,000; (d) the Defendant broken down the stand stand of the above cosmetic at the market price immediately adjacent to the said chemical.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. The Defendant assaulted the victim E (35) of this case, at the time and place set forth in paragraph 1, that the Defendant destroyed the object as described in paragraph 1, and that the Defendant avoided the Defendant’s behavior, and took three times as a drinking to the victim’s face to prevent the Defendant from escaping, and that the police officer who received a report arrives at the scene and listens to the victim’s statement, on one occasion at the time and at the same time as the police officer visited the victim’s face.

Summary of Evidence

1. Partial statement of the defendant (as at the fifth public trial date);

1. Legal statement of witness E;

1. Statement made by the witness F in the fourth public trial record;

1. The crime scene CD;

1. On-site photographs and estimates;

1. Previous convictions: (A) written reply to inquiries, such as criminal history, Incheon District Court Decision 2014 High Order 6722, and personal confinement status [the defendant denies the assault among the facts charged of this case, but according to the above evidence such as the victim's statement at investigation agencies and this court's statement, crime scene CD, etc., according to the records in the judgment, the defendant used three times the victim's face by drinking, and used three times the part on the part of the victim's face, and used one time the part on the part of the police officer's back to walk at the scene.