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(영문) 수원지방법원 2018.08.14 2018고단2728

재물손괴등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Force of Crimes】 On October 2, 2008, the Defendant was sentenced to seven years and six months of imprisonment with prison labor for murder at Suwon, and was released on May 22, 2015 during the execution of the sentence in Seoul Southern Prison, and the parole period passed on September 12, 2015.

[Criminal Facts]

1. On April 25, 2018, the Defendant damaged property: (a) was on the top of the E-taxon driven by the victim D on the front day of Suwon-si, Suwon-si, Suwon-si on April 25, 2018; and (b) the Defendant, who was to ask for a destination, destroyed the above indications to the extent of KRW 1.50,00 of the repair cost by walking a sign, etc. inside the said taxi on a hand without any special reason, in the event that the Defendant was under the influence of alcohol.

2. In order for the above victim to report the damage of the defendant at the above date, time, and place, the defendant stated that "I will take the victim's face 3 to 4 times in drinking, and that "I will take the victim's face son son son son son son son son son, son son son son son son son son son son son son son son son son son son son son Professor, son son son son son son Professor, son son son son son son son Professor, etc.," and the victim's son son son son son son son son son.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Photographss and side photographs of violence committed inside a taxi;

1. Report of investigation (investigation into an estimate of damage);

1. Previous convictions: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history, personal confinement status, judgment of repeated crime, etc.;

1. Relevant Article 366 of the Criminal Act, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 of the same Act on the Punishment, etc. of Specific Crimes, and the choice of imprisonment with prison labor;

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 sentencing recommended according to the sentencing criteria;

(a) Category 1 (Assault).