Escopics
Defendant
Prosecutor
Mad Mad-water
Defense Counsel
Attorney Man-Ba
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Criminal facts
On August 30, 2007, the Defendant was sentenced to one year and six months of imprisonment with prison labor for special larceny, etc. in the Gangseo branch court of the Chuncheon District Court, and three years of suspended execution, and the judgment became final and conclusive on September 7 of the same year, and is still under suspended execution.
1. Damage to property;
On May 3, 2009, the Defendant operated (vehicle registration number 1 omitted) a franchise-low-car on the front of the Yeongdeungpo-gu Gas Complex in Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Seoul, 200, on May 12:49.
After the running direction of the Defendant’s driving vehicle at the time, Nonindicted Party 2 was driving the victim Nonindicted Party 2 (vehicle registration number 2 omitted) BMW car (hereinafter “victim’s vehicle”) in the same direction as the Defendant’s driving direction. The victim discovered that the Defendant’s low-income vehicle was operated as a “breg” in the state where the center line was invaded, and caused the Defendant’s warning angle.
피고인은 위와 같이 피해자의 경음기 소리를 듣자 순간적으로 흥분하여 자신의 그랜저 승용차를 정지한 다음 피해차량으로 다가가 피해자에게 “야, 씹새끼야, 왜 크랙션을 울리냐, BMW 타고 다니면 다냐”라는 취지로 욕설을 하면서 발로 피해차량을 수회 걷어차고, 다시 피해차량의 조수석 문을 열고 의자에 앉은 다음 자신의 휴대폰을 들고 “뭘 보냐, 눈깔을 파버린다”라고 말을 한 후 차에서 내려 다시 발로 피해차량의 조수석 앞바퀴 부분과 운전석 문짝 및 앞 펜더 부분을 수회 걷어찼다.
As a result, the Defendant damaged damaged the damaged vehicle to cover approximately KRW 2.7 million.
2. Violation of the Punishment of Violences, etc. Act (a collective action, an injury by a deadly weapon, etc.) and the Punishment of Violences, etc. Act (a collective action, a deadly weapon, etc.
At around 12:59 on the same day, the Defendant: (a) destroyed the damaged vehicle, such as the preceding paragraph, on the roads of Nonindicted Party 1, located in the same Eup/Myeon; and (b) discovered that the victim was driving the damaged vehicle while continuing to drive the vehicle beyond the above place and driving the vehicle; (c) stopped the franchise vehicle in a timely manner; and (d) driven the said vehicle after driving the vehicle, and (e) continued to drive the vehicle, the Defendant was able to receive the part of the damaged vehicle in front of the damaged vehicle.
After that, the Defendant, after having taken off his car and received a report from the victim, reported that the police officer conducted an investigation into the reported details against the Defendant and the victim, and reported that the police officer “the same shall apply to drinking narcotics.” On the other hand, the Defendant was at one time at the time when the victim’s head was the victim’s head part.”
As a result, the defendant assaults the victim using a dangerous vehicle, and continuously assaults the victim by drinking, thereby harming the victim about three weeks of treatment, thereby causing about 3.4 million won of repairing cost.
Summary of Evidence
1. Defendant's legal statement;
1. The prosecutor’s statement concerning Nonindicted 2
1. Each police statement made against Nonindicted 3 and 4
1. A written diagnosis of injury and written estimate;
1. Investigation reports (in cases of on-site access), investigation reports (in cases of on-site investigation), investigation reports (in cases of on-site investigation), and investigation reports (in cases of on-site inspection);
1. On-site map and on-site photograph;
1. Previous convictions in judgment: One copy of the criminal records, investigation reports (verification during the period of suspension of the execution of a suspect), and copies of the judgment in Gangnam-gu 207 Gool 621;
Application of Statutes
1. Article applicable to criminal facts;
Articles 3(1), 2(1)1 and 3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the occupation of an injury to carry dangerous articles), Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act (the occupation of an injury to carry dangerous articles), Article 366 of the Criminal Act (the occupation of an injury to carry dangerous articles), Article 366 of the Criminal Act (the occupation of an injury to property)
1. Commercial competition;
Articles 40 and 50 of the Criminal Act
1. Selection of punishment;
Imprisonment with prison labor for the crime of causing property damage
1. Aggravation of concurrent crimes;
Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act
1. Discretionary mitigation;
Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Articles 53 and 55 (1) 3 of the Criminal Act)
It is so decided as per Disposition for the above reasons.
Judges Effective Enforcement