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(영문) 서울중앙지방법원 2013.10.08 2013고단3925
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On October 8, 2010, the Defendant was sentenced to imprisonment with prison labor for one year and six months for the crime of attempted robbery and violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) at the Seoul Northern District Court (collective, deadly weapons, etc.) and completed the execution of the sentence on August 3, 2012.

【Criminal Facts】

On June 25, 2013, at around 05:15, the Defendant 200 Samsung C, Jung-gu, Jung-gu, Seoul, 200 Samsung C, 202, a dangerous object in the chemical group, without any justifiable reason, under the influence of alcohol (Ga 14 cm, vertical 14.5 cm, height 5 cm) and dried the back glass of the victim C, who was parked at the same place, the Defendant laid down the string of the window by hand, and laid down the string of the window. The Defendant 200 Samsung C, the Defendant 200 Samsung C, Jung-gu, Seoul, and 202, removed the engine string through the back glass window.

Accordingly, the defendant carried dangerous articles and damaged the victim C's c's c's c's c's c's c's c's c's fee for repair.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each photograph;

1. Previous convictions in judgment: Application of criminal records, investigation reports (verification at the end of execution and attachment of judgment) and statutes;

1. Articles 369 (1) and 366 of the Criminal Act applicable to the crimes;

1. Selection of a selective fine for punishment (the fact that the punishment is committed in the course of committing a crime, and the mistake is divided, the fact that it appears to result in the instant crime by contingency under the influence of alcohol, the extent of damage is minor, and a part of the money for the victim is deposited, and the fact that if a repeated crime is selected during the period of imprisonment, the sentence is inevitable to be sentenced, and that it appears to be excessively harsh punishment in light of the background of the relevant crime and the degree

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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