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(영문) 수원지방법원 2014.06.19 2013고단4723
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 15, 2011, the Defendant was sentenced to imprisonment with prison labor and six months at the Incheon District Court on December 15, 201, and the execution of the sentence was terminated on January 30, 2013.

1. On July 14, 2013, the Defendant: (a) destroyed property by leaving a table of the table of the table of the table of the table of the table of the table of the table of the table of the table of the table of the table of the table of the table of the table of the table of the table of the table of the table of the table of the table of the table of the table of the table of the table of the table of the table of the table

2. On April 19, 2014, around 07:50, the Defendant, such as the driver’s assault, etc., expressed desire to the victim F (F) (F) who is a bus driver under the influence of alcohol on the bus route in the city-based bus in the direction of drinking 30 km from the white-dong in the front-dong-dong, Mangsan-si, in the direction of drinking along the bus exclusive lanes at a speed of about 30 km from the white-do. On April 19, 2014, the Defendant sawd the passenger G (V and 38 years old) of the victim’s face to the back of the bus at three times with the hand floor.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning H, F, and G;

1. On-site photographs and CCTVs;

1. Each report on investigation;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports;

1. The point of causing damage to property under the relevant criminal facts: The point of assault by a driver under Article 366 of the Criminal Act: Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 260 (1) of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act reasons for the sentencing [the scope of recommending] Article 1 of the Act on the Punishment of Crimes of Type 1 (General Violence) and Article 38 (1) 2 of the Act on the Punishment of Crimes of Crimes of Type 2 (the scope of recommending) in the case of assaulting a driver of a motor vehicle in operation [the scope of recommending punishment] [the scope of assaulting crimes of category 1 (the scope of recommending punishment] and the basic area (two months to ten months) [the absence of a special person]. Therefore, the lower limit is based on the lower limit of the sentencing criteria set for the crimes of category 3 and the final sentencing range based on the aggravated aggravated punishment of multiple crimes:

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