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Reasons
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(영문) 서울동부지방법원 2020.12.18 2020고합342
재물손괴등
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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On August 16, 2020, the Defendant damaged the property owned by the victim by means of removing 30,000 won of the market price attached to the rear seat of the cab, which is 30,000 won on the top of the front seat of the cab operated by the victim D, from around 03:22, the Defendant on August 16, 202, by boarding the top top of the cab operated by the victim D in the vicinity of “C” located in Jung-gu Seoul, Seoul.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Drivers, Violence, etc.) asked the Defendant to ask him/her at the time and place indicated in the above paragraph (1) that the victim D (manam, 68 years old) removed the son, as described in the above paragraph (1), and thereby, he/she suffered approximately two weeks of the son’s son’s son’s son’s son’s son’s son’s son’s son, etc., who was driving in the direction of the king king, which is the destination of the king. The Defendant assaulted five times of the son’s son’s son’

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Written injury diagnosis statement of D in relation to the police's protocol of interrogation of the suspect against the defendant in the court statement;

1. Application of Acts and subordinate statutes to report internal investigation and report internal investigation;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 366 of the Criminal Act concerning the crime;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [ within the scope of adding up the long-term punishments of the crimes provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Concurrent Crimes, Violence, etc.)];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law:

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