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(영문) 서울서부지방법원 2020.10.21 2020고단2506
재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2020고단2506] 피고인은 2020. 7. 31. 12:20경 서울 용산구 B에 있는 ‘C’ 앞 주차장에서, 다른 사람들과 싸움이 되어 기분이 나쁘다는 이유로, 위 주차장에 주차되어 있던 피해자 D 소유인 E 셀토스 승용차의 오른쪽 후면 천장 부분을 막대기로 수회 내리쳐 움푹 들어가게 함으로써 수리비 불상액이 들도록 손괴하였다.

[200 Highest 2757] The defendant was known to the victim F (Nam, 59 years of age) and Pyeongtaek Eastern.

At around 17:55 on August 21, 2020, the Defendant: (a) sold the Victim with his main brick system and line wind, and (b) sold it to the Victim; (c) caused the Victim’s left-hand bridge on the basis of the chain (90cm in length, 3 cm in diameter) which is a dangerous object that was carried at a nearby construction site, and caused the Victim’s injury, such as cutting off the aggregate of the left-hand body for about four weeks, by taking the victim’s left-hand head once.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

[200 Highest 2506]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of H;

1. Photographss and photographs of each damaged vehicle (2020 Height2757);

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of a report on injury diagnosis of damaged body photographs and criminal tools photographs;

1. Article 366 of the Criminal Act and Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, even though the defendant had been 20 times of punishment for the same kind of crime, he again committed the instant crime.

The degree of damage is not easy and the damage has not been recovered.

However, the defendant recognizes all of the crimes.

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