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(영문) 서울남부지방법원 2013.12.06 2013고정3411
재물손괴
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On April 19, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Seoul Southern District Court on April 19, 2012, and the said judgment became final and conclusive on April 27, 2012.

On May 25, 2011, the Defendant: (a) around 13:00, at around 110, the Gangseo-gu Seoul Metropolitan Government B Apartment 110, the Defendant destroyed knife knife a knife vehicle owned by the victim C (Nam, 32 years of age) who was parked in the vicinity of the entrance outside the parking zone line to prevent the movement of persons with disabilities from passing by the disabled; (b) attempted telephone calls to the victim; (c) but did not connect the victim; and (d) knife four knife of the above vehicle (2.60,000 won).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Evidence photographs;

1. Previous records: Criminal records, etc. inquiry reports and the application of court rulings or statutes;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

2. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

3. The latter part of Article 39(1) of the Exempted Criminal Act (the latter part of the Criminal Act, taking into account the fact that the Defendant acknowledges and reflects the mistake, the period of the crime, the type or type of the crime, and the mental condition of the Defendant, etc., of the crime in this case and the previous conviction in the judgment, are all six times the crimes from May 8, 201 to August 1, 201. Even if the judgment was rendered at the same time, the change in the sentence is not deemed to have occurred)

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