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(영문) 대전지방법원 2018.12.27 2018고단642

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 23, 2018, while under the influence of alcohol at around 07:25, the Defendant damaged a taxi owned by the victim so that the Defendant 1 can take a cab in front of the E-electric branch located in Daejeon Dong-gu, Daejeon, for the reason that the victim told the Defendant that he was under the influence of alcohol, and that the victim was bread, and the fright victim was able to take a bath at a rapid stop of the taxi, the victim took a bath, and walking the back door of the cab on several occasions, thereby damaging the 19,586 won of the 19 non-repair.

2. The Defendant, at the above time and place, continues to engage in business affairs, shall be deemed to have been declared as friende, friende, and, at the same time and place, as one of the instant victims.

"Around the 10-minuteed taxi under the largest lux and stopped, part of the victim's head was putting the victim's head into the taxi and accumulated on the 10-minuteed floor, thereby preventing the victim from operating the taxi, thereby obstructing the victim's taxi business by force.

Summary of Evidence

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

1. A written statement prepared B;

1. Written estimate;

1. Application of Acts and subordinate statutes to arrest and report the occurrence of a case and report internal investigation;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 314 (1) of the Criminal Act, and the choice of imprisonment with prison labor for each type of crime;

1. The grounds for sentencing under 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, and other circumstances under the grounds for sentencing, including the defendant’s age, occupation, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of various sentencing as shown in the argument of the instant case, shall be comprehensively taken into account.

The favorable circumstances: The confession of all the crimes of this case at an investigative agency, and the unfavorable circumstances that there is no record of criminal punishment heavier than the suspension of execution: The crime of this case has been punished several times due to violent crimes, and the crime of this case has been committed without being familiar with during the suspension of execution.