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(영문) 서울남부지방법원 2013.12.11 2013고단3567
폭력행위등처벌에관한법률위반(상습재물손괴등)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On December 8, 2004, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (even at night and joint assault), etc. at the Gwangju District Court on July 2, 2008, and one year and six months in Seoul Southern District Court on September 1, 2010, and one year in imprisonment with prison labor for a crime of assault, etc. at the same court on September 1, 2010, respectively. On February 21, 2013, the same court was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.), and completed the execution of the sentence on October 1, 2013.

[2013 Highest 3567]

1. Around 05:00 on October 16, 2013, the Defendant violated the Punishment of Violences, etc. Act (Habitual destruction and damage, etc.) entered the victim G (n.e., 51 years old) located underground in the Gangseo-gu Seoul Metropolitan Government F building, and the said victim stated that “the said victim would return to the end of his/her business,” and that “the victim would have returned to the end of his/her business,” and thus, the victim’s market value, located adjacent to the main entrance of the 1st floor of the building, was destroyed by having 2.50,00 won of a wind line advertising board, which is located adjacent to the main entrance of the 1st floor of the building, and was destroyed by

Accordingly, the defendant, even though he was sentenced to imprisonment not less than twice due to the crime of causing property damage, has again damaged the property of the victim.

2. The Defendant violated the Punishment of Violences, etc. Act (Habitual assault) was assaulted by the police officer, who was called out after receiving a report on the date and time as stated in paragraph (1) and at a place specified in paragraph (1), stating the above victim’s damage, she exceeded his/her own oral statement, and laid down the victim on his/her left chest.

As a result, the Defendant again assaulted the victim even though he/she was sentenced to imprisonment more than twice due to a violation of the Punishment of Violences, etc. Act (a collective assault, deadly weapon, etc.).

3. The Defendant, who was arrested as a flagrant offender for the foregoing crime, was involved in the criminal charge of the Gangseo-gu Seoul Metropolitan Government Police Station and the criminal team office at around 07:20 on the same day, and was under the influence of the disturbance.

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