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(영문) 서울동부지방법원 2016.04.07 2016고단394

재물손괴등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 3, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (Habitual Violence) at the Seoul Eastern District Court on January 22, 2016, and on January 22, 2016, the written indictment was written on January 2, 2016, but it is obvious that it is a clerical error, and thus, was corrected on the correct date.

A person who has completed the execution of a sentence in a astronomical prison.

1. On February 9, 2016, around 10:34, the Defendant damaged the property with a golf bond, which has a glass window of an entrance equivalent to KRW 20,000,00 in the market price managed by the victim D, without any reason, at the front of Songpa-gu Seoul, Songpa-gu Seoul.

2. Around 08:53 on February 10, 2016, the Defendant assaulted the victim E (47 years of age) by walking the victim’s left side side buckbucks one time on the ground that the victim E (47 years of age) was able to assist the Defendant within the Mapo-ro, Songpa-gu Seoul (Macheon-dong)-ro 41-gil 8 (Macheon-dong).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made with respect to E and D;

1. On-site answers and photographs;

1. Investigation report (investigation into the scene of a crime against the scene of CCTV, a counter investigation into CCTV at the scene of a crime, and a counter investigation into CCTV around the scene of damage to property, etc.);

1. Previous convictions in judgment: References to inquiries, such as criminal history, report on investigation (verification of attachment of suspect judgment and date of expiration of term of punishment), application of Acts and subordinate statutes on personal identification and confinement;

1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. A favorable circumstance for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes: The Defendant committed the instant crime within a short time after the execution of the instant punishment was completed, and the circumstances leading up to the Defendant’s failure to recover, and the circumstances leading up to each of the instant crimes.