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(영문) 서울중앙지방법원 2016.05.26 2016고단412
재물손괴
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 15, 2015, the Defendant driven BMW car at around 12:40, and proceeds from the direction of SMW car at the intersection of the southwest-gu Seoul as Gangnam-gu, Seoul, in the direction of the new history distance. On the ground that DM car driven by the victim C (58 years old) changed the lane and prevented the Defendant from driving the car, the Defendant damaged the victim by driving the BM car at the right side to prevent the passage of the above CM car by changing from four lanes to three lanes on the ground that the victim C (58 years old) obstructed the Defendant’s vehicle by driving the BMW car at the right side of the above CM car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report (to listen to and report on these images);

1. Application of the written estimate for vehicle repair;

1. Article 366 of the Criminal Act and the choice of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a case where another vehicle intentionally takes another vehicle travelling along the road on the ground that it interfered with its course while changing the lane, and is a very dangerous crime that may cause harm and harm to the life and body of another person, including the victim, and the defendant committed the crime of this case during the suspension of the execution of another crime, which is disadvantageous to the defendant.

However, it may be considered in favor of the defendant that the defendant reflects the mistake, that it is a crime that has committed contingently by interesting in driving, that it has been paid KRW 700,00 to the victim without much weighting damage, and that compensation has been made to a certain extent, and that the defendant has no criminal record of the same kind.

In addition, the age, sex, environment, circumstances, and circumstances after the crime are committed.

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