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(영문) 의정부지방법원 2015.02.16 2014고단4465

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 11, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor due to property damage, etc. by the District Court, and completed the execution of the sentence in the medical prison on November 14, 2014.

around 15:30 on November 24, 2014, the Defendant: (a) obstructed the amount of F Spart-RR car owned by the victim E, who operated the place on the ground that the vehicle is bad from the set distance in front of the DMart located in the Government-Si of the Gyeonggi-si, and damaged the Defendant to ensure that the repair cost is KRW 562,870 on the back of the driver’s seat of the above vehicle, by cutting the back of the driver’s seat of the foregoing vehicle, to the end of the victim’s “the head of the Gu is the head of the Gu, and the head of the Gu is the head of the Gu.”

around 19:30 on November 15, 2014, the Defendant expressed that “I” managed by the victim H in Jongno-gu Seoul Metropolitan Government Jongno-gu as “I,” and expressed the victim’s desire to “I will come back with a funeral service due to going to the front and rear,” while under the influence of force, the Defendant interfered with the victim’s business for approximately 30 minutes by driving the victim’s business by force, such as: (a) the victim was under the influence of drinking around 19:30 on Nov. 15, 2014; (b) the victim Hashe was in a string, going to go to the string, going to the string; and (c) the customer was going to go to the string and going to the string; and (d)

Summary of Evidence

"2014 Highest 4465"

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs;

1. A copy of a written estimate for damage "2014 high-class 4706";

1. Defendant's legal statement;

1. The police statement of H;

1. Previous convictions indicated in the judgment: Criminal records, inquiry reports on criminal records, amounts of dispositions, results of confirmation, and application of Acts and subordinate statutes to individuals, investigation and confinement;

1. Relevant Article 366 of the Criminal Act and Article 314 (1) of the Criminal Act (the point of causing damage to property, the choice of imprisonment), the choice of punishment for the crime (the point of interference with business and the choice of imprisonment);

1. Article 35 of the Criminal Act among 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 among concurrent offenders is that the Defendant committed the instant crime during the period of repeated crime resulting from the same kind of crime, and that there was no injury or change to the victims.