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(영문) 서울남부지방법원 2016.02.03 2015고단5057
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

around 01:00 on November 12, 2015, the Defendant: “D” house operated by the victim C in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; however, even though the victim rejected it, the victim's refusal to do so, laid down the bricks in the vicinity; and damaged the glass window (230cm wide x 230cm wide x 230cm) of the market price of KRW 50,000.

On November 22, 2015, the Defendant 2015, 5174, on the front of the F cafeteria in Yangcheon-gu Seoul, Yangcheon-gu, Seoul on November 22, 2015, the Defendant saw a saw (19cm in length, 39cm in total length) which is a dangerous object previously possessed, while putting the victim with a saw, on the ground that she had a snow with the victim G, and caused her snow with the victim. The Defendant saw that she was in possession of the dangerous object in advance, and displayed the victim to “I am this son?”

The victim threatened the victim by stating that he/she will die.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

"2015 Highest 5057"

1. Statement by the defendant in court;

1. C’s statement;

1. On-site photographs " 2015 Highest 5174";

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. G statements;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 366 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act (a point of special intimidation) and choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Sentencing criteria;

(a) Class 1 Crimes (Assaults) (Extent of recommended punishment) and Class 4 Crimes (Habitual, Cumulative, and Special Intimidation) and the basic area (six months to one year and six months) (a person who is subject to special sentencing) (a person who is subject to special sentencing)

(b) Class 2 Crimes (Destruction) [Scope of the recommended punishment] general standards and the basic area (from April to October) (no special sentencing person exists).

(c) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than six months up to one year and one November; and

2. A favorable circumstance is that the Defendant’s decision of sentencing recognized each of the crimes in this case and reflects it.

(b).

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