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(영문) 서울서부지방법원 2018.09.05 2018고단238
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 06:00 on December 17, 2017, the Defendant: “D” operated by the Victim C in Eunpyeong-gu Seoul, Seoul on December 17, 2017, the Defendant destroyed the property of the victim, such as the victim, who had a verbal dispute with the victim and damaged the victim’s property, including the victim’s property, in which the victim and the victim were placed on his/her seat, and one of the direction tasks equivalent to KRW 1,000 in the market price of KRW 7,000, and one of the market price of KRW 7,000 in his/her hand, which is the victim’s property.

On May 20, 2018, the Defendant driven an Etoscar under the influence of alcohol level of approximately 0.275% during blood alcohol level without obtaining a driver’s license from the front of the manpower manpower office in the off-day market in the right line of Seopo City, Seopo-si, Seopo-si, Seopo-si, Seopo-si, 19:58 to the front of the 233rd in the right line of 10 meters in the same city, the Defendant driven a Etoscar under the influence of alcohol level of about 0.275% during blood.

Summary of Evidence

"2018 Highest 238"

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. CCTV CD 2018 Madan 2235;

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of the Acts and subordinate statutes concerning CCTV images-fashion photographs;

1. Article 366 of the Criminal Act in relation to the crime, Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The person committed each of the crimes of this case at the same time, even though there was a record of punishment three times due to the crime of damaging property, and there was a record of punishment one time due to drinking and driving without a license, and driving of drinking.

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