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(영문) 서울북부지방법원 2018.09.12 2018고단1376
재물손괴등
Text

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

Reasons

Punishment of the crime

On April 22, 2016, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint assault) at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) and completed the execution of the sentence on May 11, 2016.

1. On April 3, 2018, at around 00:40 on April 3, 2018, the Defendant damaged another’s property by assaulting “D” from “D” operated by the victim C located in Jung-gu Seoul Metropolitan Government, which was seated by the next table E and the time table attached thereto, putting the victim’s market price on the floor and destroying another’s property.

2. On April 3, 2018, at around 00:55, the Defendant damaged public goods: (a) a defect in which the captain, such as the captain of the Seoul Southern Police Station F police box affiliated with G, and patrolmen, who was called out after receiving a report of 112 on the street in front of the D referred to in paragraph (1) of this Article, intends to load the Defendant on a vehicle No. 53 of the patrol 53.

“In doing so, I would like to see this part of the patrol car driver’s seat and the rear part of the patrol car, and would have impaired the utility of the goods used by the police station, which is a public official, for repair costs equivalent to KRW 40,000,000 in the market.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. C’s statement;

1. On-site photographs;

1. Written estimate of the patrol difference;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of repeated crimes, etc.);

1. Relevant Article 141(1) of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense;

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

1. It is so ordered as to consider the following facts: (a) there was a record of having been punished several times of violence for reasons of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act; (b) the amount of damage is minor; (c) the victim C does not want the punishment of the defendant; (d) the defendant's age, sexual conduct, intelligence and environment; (e) relationship with the victim; (e) the motive, means and consequence of the crime; and (e) the circumstances after the crime.

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