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(영문) 부산지방법원 2018.07.04 2017고단4442
재물손괴등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Around 07:00 on June 9, 2017, the Defendant damaged the 1,082,970 won of the repair cost by walking back the back door of the taxi located at the front of the “C mobile phone sales store” located in the Busan Geum-gu, Busan, for the reason that the Defendant was under the influence of alcohol by boarding the taxi as the passengers of the victim D (57 aged) who is a taxi engineer, prior to the operation of the taxi, and was unable to have himself/herself informed of the demand for taxi costs due to the arrival of the taxi at the destination.

2. The Defendant damaged the victim’s face by hand on the ground that the victim did not pay the defective charge to 112 at the date and time, and at the place, the victim destroyed the back of the taxi without paying the defective charge, and then the cab was taken out from the cab, and then the victim was exposed to the victim’s face. As a result, the victim’s bucks are cut off once, once the victim’s bucks are cut off, and the victim’s face is taken back by hand, and the victim was injured, such as a bucker’s spath, requiring treatment for about 22 days, and the victim was damaged by leaving the bucks used by the victim away from the floor, and then the victim was destroyed by 10,000 won at the market price owned by the victim

Summary of Evidence

1. Statement made by the police with regard to D;

1. Each investigation report (the sequence 2,5,7,10,13 in the list of evidence);

1. Application of the Acts and subordinate statutes of a written diagnosis of injury, written estimate, and written estimate for warning;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

1. The first sentence of Article 37, Article 38 (1) 2, Article 50 of the Criminal Act on the grounds of sentencing [the scope of recommending punishment] Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes and Article 50, Article 2 of the Act on the No. 3 of the Act on the Aggravated Punishment of Concurrent Crimes that has no person subject to special sentencing [the scope of recommending punishment] [the scope of recommending punishment] shall be the general standard for crimes of Article 3 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] without a person subject to special sentencing [the scope of punishment] of Article 3 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] of the basic area (Article 1 of the Act on the Aggravated Punishment of Crimes (Article 38 (1) 2 of the Act on the Aggravated Punishment of Property, etc.] [the scope of punishment from April to October] of the basic area (no person subject to special sentencing]

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