beta
(영문) 서울중앙지방법원 2018.07.24 2018고단2551

재물손괴미수

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal record] On October 26, 2017, the Defendant was sentenced to two years of suspension of execution on June due to interference with his/her duties, etc. in the Incheon District Court’s Branch, and the judgment became final and conclusive on November 3, 2017, and is currently under suspension of execution. On November 10, 2016, a fine of two million won is imposed due to interference with business affairs at the Seoul District Court’s Seoul District Court, and on March 12, 2018, the Defendant was punished seven times as violent crimes, such as being sentenced to a summary order of two million won as a crime of property damage, and was not detained as a crime of assault with the Gwangju District Court’s Branch on February 26, 2018, and is currently pending trial.

[2] On March 29, 2018, at around 01:00, the Defendant sought to damage the car in front of the “D” located in Gwanak-gu, Seoul Special Metropolitan City, on the ground that the Defendant was unable to receive daily wage from a entertainment establishment, and that the Defendant was not able to receive the said daily allowance, the Defendant attempted to commit an attempted crime due to the fact that the Defendant was not able to receive the said daily wage from a entertainment establishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. Investigation report (to be accompanied by statements and estimates of victims E);

1. Video CDs damaged by property;

1. Application of statutes on site photographs;

1. Relevant Article 371 of the Criminal Act, Articles 371 and 366 of the Criminal Act, and the choice of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The criminal history of sentencing under Article 334(1) of the Criminal Procedure Act, which had been punished for violent crimes, has reached several times, and was sentenced to a suspended sentence of imprisonment on October 26, 2017 due to interference with business, etc., and the fact that the Defendant was committed during the suspended sentence period is disadvantageous to the Defendant.

However, there is no significant damage in the instant case, and the Defendant received hospitalized treatment as a mental problem on August 2015.