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(영문) 수원지방법원 성남지원 2018.11.07 2018고단2136
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal records] On November 22, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor for the obstruction of business operations in the Seoggu District Court’s Branch Branch, and the execution of the sentence was completed at the Port Prison on July 7, 2018.

[Criminal facts]

1. On September 29, 2018, the Defendant damaged property by: (a) around 01:50 on the roads in front of the Sinnam-si, Sungnam-si; (b) on the roads in front of the Sinnam-si, where the victim D stops a vehicle under the influence of alcohol; and (c) without any justifiable reason, the Defendant damaged the said cab to require repair costs equivalent to KRW 602,446 of the market price by making twice the front roof part of the cab owned by the victim when the cab was on two occasions.

2. The Defendant interfered with the duties of the Defendant: (a) destroyed the victim’s taxi vehicles described in paragraph (1) in the influence of alcohol at the time and place described in paragraph (1); and (b) thereby obstructed the victim’s taxi business for about five minutes by force by blocking the victim’s taxi operation, such as blocking the victim’s taxi operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Images taken on the parts of a report on investigation, photographs on the parts of destruction of a vehicle, the studio of a whistle, and the photograph by capturing up a image;

1. A statement of the processing of cases to be reported and a written estimate;

1. Previous convictions: References to inquiries about criminal history, reports on criminal investigations (prior convictions and confirmations of repeated crimes), application of Acts and subordinate statutes to report criminal investigations (reports on the same end);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 314 (1) of the Criminal Act, and the choice of imprisonment with prison labor for each type of crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. In the event that the degree of interference with the duties of the mitigated area (i.e., January to August) (i.e., special mitigation (i., special mitigation)) is minor, the scope of the recommended punishment on the sentencing guidelines set forth in the sentencing guidelines, the scope of the final sentencing due to the reduction area (i.e., damage to property) of the mitigated area (i., January to June) of the mitigated area (i.e., damage to property), the scope of the recommended punishment) of the mitigated area (i.e., the scope of the recommended punishment) of the Class 1 (ii) of the same repeated offense of the same kind [i.e., damage to property] of the mitigated area (i., the scope of the recommended punishment] of the mitigated area of the punishment of the increased majority

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