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(영문) 서울북부지방법원 2016.07.14 2015고단1510
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

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

Reasons

Punishment of the crime

1. Around March 5, 2015, the Defendant damaged special property: (a) around 11:20, the Defendant collected fire extinguishers, which is a dangerous object in the corridor operated by the victim C (n, 68 years of age) in Seongbuk-gu Seoul, and unloaded the windows and doors of the office by gathering fire extinguisherss, without any justifiable reason, and damaged two pages of the windows, and accompanied by the entrance.

Accordingly, the defendant carried dangerous articles and damaged the property owned by the victim to cover approximately KRW 3.50,00 of the cost of repair.

2. The Defendant assaulted the victim’s body at a time and at the same time as that of paragraph 1, by inserting the hallway balke in the corridor to its windows, and taking the body of the victim at that time and at that place.

Summary of Evidence

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

1. Statement made by the police against C;

1. C’s statement;

1. destructive photographs;

1. Application of the written estimate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 260(1) of the Criminal Act, and the choice of imprisonment for the crime;

1. Criteria for sentencing reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

(a) Specific property damage [Scope of recommended punishment] Habitual, repeated crimes, and special damage (Habitual, repeated crimes, special damage, etc.) basic area (from August to June);

B. The scope of final sentence according to the aggravation of multiple crimes in the basic area of assault [the scope of recommended punishment] No. 1 (General Assaults from February to October): The sentence of this case shall be determined by comprehensively taking into account the following circumstances: (a) the nature of each crime of this case is bad; and (b) the defendant's age, occupation, sex behavior; (c) family relationship; and (d) the circumstances before and after the commission of the crime; and (e) the sentencing conditions indicated in the records, such as the defendant's age, occupation; (d) the defendant's family relationship; and (e) the sentence as ordered.

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