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(영문) 서울남부지방법원 2017.02.09 2016고단3965

재물손괴등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

[criminal records] On June 25, 2014, the Defendant was sentenced to a suspended sentence of three years for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Seoul Central District Court on the grounds that the Defendant was sentenced to a suspended sentence of three years and two months. On June 18, 2015, the Seoul Central District Court received a decision to revoke the suspended sentence from the Seoul Central District Court on June 27, 2015, and the said decision became final and conclusive on July 12, 2016, and completed the enforcement of the sentence.

[Criminal facts]

1. On August 9, 2016, at around 07:10, the Defendant damaged the victim D (V, 56 years old) located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. On the front side of the “E” game site, the Defendant destroyed the Defendant’s property damage by breaking up a string of the market price, which is the victim’s possession, that was set up in front of the above game site without any special reason.

2. The Defendant committed the assault, at the time and place as referred to in paragraph 1, and at the same time and place, committed the assault, such as: (a) the victim was prevented from damaging property as referred to in paragraph 1 by the said victim; (b) the victim was satisfed; and (c) the victim was satisfed by walking the static mouth of the victim at several times

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to standing signboards photographs;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense;

(1) Article 260(1) of the Criminal Act, and Article 260(1)

O. Imprisonment selection)

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommendation] / [the basic area for the destruction of property / [Article 1] The basic area for the destruction of property / [Article 1] The basic area for violence (Assaults: April to October 2] / The basic area for general violence / [Article 1] the aggravation due to an aggravated reason (special sentencing factor] between February and October / 10 (special sentencing factor] 1: A aggravated reason for an aggravated reason (special repeated offense) between August and June 2) (Article 8-1 and June 2 of the same type): April 1 year [Disposition of multiple crimes] the area for the crime of violence as to the crime of 1/2 (six months) of the upper limit of the punishment as to the crime of violence: the motive and circumstances leading up to the execution of each of the crimes in this case [Article 8-2].