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(영문) 서울서부지방법원 2017.05.24 2016고단3362

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On June 19, 2015, the Defendant was sentenced to one year of imprisonment with prison labor by the Seoul Western District Court for the crime of extortion, etc., and completed the execution of the sentence in the Ansan Prison on December 18, 2015.

"2016 Highest 3362"

1. On October 3, 2016, at around 23:00, the Defendant damaged the victim’s property by putting about KRW 480,00,00 of the repair cost on the front door of the FNS DH car owned by the victim E, which was parked near the road under the influence of alcohol in front of “D” located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and without any particular reason, was parked in the front door of the right side of the FNS DH car and the H car.

2. On October 22, 2016, around 12:10 on October 2, 2016, the Defendant: (a) brupted a victim I (n, 46 years of age) who was under the influence of alcohol on the road front H Scki in Yongsan-gu Seoul, Yongsan-gu, Seoul, and was committing an assault against the victim by getting off the victim’s head.

around 03:50 on January 22, 2016, the Defendant: (a) committed assault against the victim J(27) who was seated in the wall on the ground that the son J (27 Does) who was seated in the wall was flick, and was flick in the wall of the victim’s head; (b) on the ground that the son’s disease was flicked in the wall of Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant 2017 was flicked to the wall of the victim’s head; and (c) the flicker’s disease was flicked to the victim’s body.

Summary of Evidence

"2016 Highest 3362"

1. Statement by the defendant in court;

1. Transfer of the accused to the K mental hospital in the protocol of interrogation of the suspect to the police;

1. Each police statement made to E and I;

1. Investigative reports (calculated of damages): "2017 Highest 389";

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made to the prosecutor by the J;

1. Investigation report (the confirmation of the history of hospitalization in a mental hospital);

1. Inquiry about criminal history;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on confirmation of expiration of term of punishment);

1. Relevant Article 366 of the Criminal Act and Articles 260 (1) and 261 of the Criminal Act concerning facts constituting an offense (a point of violence), the choice of punishment, and the choice of punishment;

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