beta
(영문) 서울남부지방법원 2020.05.28 2019고단6104

재물손괴등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

While under the influence of alcohol, the Defendant: (a) around 21:00 on October 21, 2019, around 47, the opening of the subway No. 47-ro 40-ro, Guro-gu, Seoul, opened the subway No. 47-ro 40-ro 40-o; (b) taken passengers with the mind of the back seat of the Victim B (the age of 59) owned by the victim B (the age of 59) who stopped at that place; (c) took the victim’s desire upon the victim’s demand that the victim get off; (d) assault the victim by taking the victim’s bath; and (e) assaulting the victim by drinking twice the part of the victim’s timber; and (e) continuously harming the victim’s back door of the said knife by continuing to walk at least four times; and (d) destroyed the victim’s seat with the victim’s possession.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the B’s statement and statement;

1. Application of the Acts and subordinate statutes to investigation reports (Attachment of photographs taken by the victim), photographs of suspects, photographs of the victim's assault victim, photographs of the victim's part of the damage, and photographs of the damaged part;

1. Article 260 (1) of the Criminal Act applicable to the crime, the choice of punishment, and Article 260 (1) of the Criminal Act (Aggravated Violence, Selection of Fine). Article 366 (Aggravated Punishment of Property Damage and Election, Selection of Fine)

1. Statutory mitigation under Articles 10 (2) and 55 (1) 6 of the Criminal Act.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following circumstances: (a) the Defendant’s age, character and conduct, intelligence and environment; (b) relationship with the victim; (c) motive, means and consequence of the crime; and (d) the same type of punishment as the order is equally considered in light of all the sentencing conditions stipulated in Article 51 of the Criminal Act.

Unfavorable circumstances: The defendant has been punished several times due to the same crime, etc., and in particular, the recidivism was committed even though he/she is currently under the suspension of the execution of imprisonment due to a different type of crime, and the circumstances favorable to the failure to recover from damage: the other person is under the influence of alcohol.