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(영문) 인천지방법원 2016.04.06 2014고단8412
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 10, 2014, the Defendant destroyed special property: (a) around 21:15, according to the 5th line of the 120-way, along with the Gyeyang-gu Incheon Gyeyang-gu Gyeyang-gu Incheon, the Defendant used the main stones in India as hand to cross the said road to the 3rd line; and (b) was driving the said road to the right side of the victim B (51 years old) who driven the said road, and was driving the said road to the 3rd line.

As a result, the defendant carried dangerous things and destroyed the above taxi to take up approximately KRW 458,00,00 of the repairing cost, such as even so-called the upper right door.

2. In light of the above day at around 21:20 of the same day, the Defendant: (a) was on the front side of the tomb of the Singu-gun, Gyeyang-gu, Incheon, Gyeyang-gu, Incheon, at around 651, and (b) was on the front side of the tomb of the son, who gets away from the above area, by walking the upper part of the son.

As a result, the Defendant inflicted injury on the victim, such as the cam and mar, which requires approximately two weeks of treatment.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. Photographs of damaged vehicles and photographs of victims;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Articles 369 and 366 of the Criminal Act concerning facts constituting an offense, Article 257 (1) of the Criminal Act (the point of harm) and Article 257 (1) of the Criminal Act, the choice of imprisonment with labor;

1. The sentencing criteria for the crime of destruction and damage have not been set at the time of the prosecution of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes. As such, considering that the crime for which the sentencing guidelines have been set and the crime for which no sentencing guidelines have been set have been set are concurrent crimes under the former part of Article 37 of the Criminal Act among the crimes for which the sentencing guidelines have been set and the crime for which the sentencing guidelines have been set, only the lower limit of the crime for which the sentencing guidelines have been set is determined [the scope of the recommended punishment] of the basic area (4 months to 1 year and 6 months] [the decision of sentencing] of the No. 1 basic area (the special sentencing person] [the decision of sentencing] of the crime of destruction and damage of this case without any special reason, the defendant is driving on a motor vehicle differently, and

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