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(영문) 수원지방법원성남지원 2020.09.17 2020고합161
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 31, 2020, 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 Specific Crimes, etc.) brought the victim C (the South and the age of 54) to a destination, who is a taxi driver (the victim South and the age of 54) on board a D taxi in front of the apartment B apartment located in Chungcheongnam-gu Seoul Metropolitan City, Chungcheongnam-si, and moved to a destination. On the other hand, the Defendant inflicted an injury on the victim, such as an influenite, etc., which requires approximately three weeks of treatment on the face of the victim

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

2. The Defendant damaged a vehicle to repair cost KRW 140,00,000 by cutting indoors, card settlement machines, diskettes, etc. in drinking at the time and place mentioned in the preceding paragraph.

Summary of Evidence

1. Records of statement by the police on the defendant's legal statement C, photographs (fields and damaged parts, damaged damage), the written injury diagnosis, and the car regular inspection specifications, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (related to physical damage to a taxi operated by a victim, and verification of a taxi black image);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-10 (2) and Article 5-10 (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), Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the maximum term of two crimes prescribed in the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than punishment, to the concurrent crimes);

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. From June to June 16 months of imprisonment with prison labor for the scope of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) The first crime (the decision on the type of violence) (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) shall be a driver; and

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