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(영문) 대전지방법원 서산지원 2015.08.13 2015고단135
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On August 25, 2011, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) in the Seogsan Branch of the Daejeon District Court, and completed the execution of the sentence on December 25, 201.

【Criminal Facts】

On September 3, 2014, at around 03:48, the Defendant used a D taxi driven by the Victim C (Age 48) at the entrance on the flat of the flive 1st village in Seosan, Seosan, the destination of which is the destination, and, as the victim demanded a taxi fee, the Defendant took a bath to “the flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat flat

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs of damaged articles;

1. Written estimate;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports (the same type of criminal records and attachment of judgment of a suspect);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant committed the instant crime during the period of repeated crimes resulting from the same crime even though he/she had been sentenced several times, including a crime related to violence, although he/she had been sentenced to punishment, and that the method of committing the instant crime was dangerous is the circumstances unfavorable to the Defendant, and that the Defendant agreed with the victim is favorable

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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