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(영문) 서울중앙지방법원 2018.05.15 2018고단1111

재물손괴

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On September 7, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Central District Court of Seoul on 2016 and was sentenced to 2 years of probation on September 20, 2016, and was punished for violent crimes on 12 occasions.

[Criminal facts]

1. On December 30, 2017, around 08:40 on December 30, 2017, the Defendant: (a) placed red plastic chairs in the front line of Gwanak-gu, Seoul Special Metropolitan City, on the road along which he was under influence of alcohol; (b) placed on the road with the victim D (95 tax) in hand, opened the flue and glass of the vehicle on the part of the victim D; and (c) placed the vehicle on the part of the main part of the above vehicle and the roof thereof, and damaged the vehicle so that it would have approximately KRW 1,487,090 of its repair cost, such as taking the flue on the part of the vehicle and the roof thereof, and taking the flue.

2. The Defendant damaged the said vehicle with approximately KRW 1,039,50 of its repair cost, such as, at the time and place described in the above 1.1. paragraph, the victim F (54) who was stopped on the right side of the G bus operated by the said plastic with the said plastic chairs, making it possible for the said bus to take off the right side of the G bus and the front glass, and making it possible for the said bus to take up approximately KRW 1,039,50.

3. The Defendant damaged the said vehicle to have approximately KRW 52,50 of its repair cost, such as going through the launch of the Plaintiff H(46 tax) who was parked after the said bus, going into the front etrop of the IW vehicle, and going through a launch after going into the main etrop, at the time and place indicated in the above paragraph 1.1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of F and H;

1. Each damaged photograph, black stuff, CD;

1. An investigation report (related to a written estimate for damaged vehicles), an investigation report (a written estimate for repairing the damaged bus);

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the same type of force and the confirmation of pending cases);

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are disadvantageous reasons for sentencing: The period of punishment for violent crimes is the same.