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(영문) 서울서부지방법원 2019.08.14 2019고단1941
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 24, 2019, the Defendant was sentenced to four months of imprisonment with prison labor for property damage in Seoul Western District Court on February 11, 2019 and completed the execution of the sentence in Seoul Southern Southern District Court on February 11, 2019.

1. Around 19:30 on May 31, 2019, the Defendant damaged a cab owned by the victim, such as destroying the 200m of the center screen board, in which the Defendant was able to scl the victim’s e-si in the operation of the victim D (70 years of age) at the front of the taxi stations located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, on the ground that the voice from the taxi card terminal was sclified, and then the 20m of the e-si screen board was scled.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (driving, Violence, etc.) committed assault by taking the victim’s face, who is a driver operating the said taxi, into drinking, on the ground that the victim was prevented from removing the card device at the time stated in the preceding paragraph.

3. The Defendant interfered with business, as described in paragraphs (1) and (2), interfered with the victim’s taxi business by force, such as avoiding the disturbance of approximately 20 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A victim's photograph, a damaged safe light, or a taxi driver's photograph;

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), and application of Acts and subordinate statutes;

1. Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime concerned;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of interference with business and damage to property, and punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, of which punishment between the crimes of interference with business and damage to property is heavier, and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, is heavier;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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