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(영문) 의정부지방법원 2017.04.19 2017고단597
재물손괴등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 23, 2017, at around 15:40, the Defendant: (a) was boarding the Dobbbbdo located in Seoul District Court (65:3) on the Dobdobdobdo located in the Dobdocdong located in Seoul District; and (b) was Docdocdong located in the Docdong located in the Dobdocdong located in the Docdong located in the destination, and was Docdocdong located in the Docdocdong located in the Docdocdong located in the Docdocdong located in the Docdong; and (c) was Docdocdong located in the front bridge located in

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault, etc.) committed an assault by taking the victim’s cream on a hand floor at the time and place specified in paragraph (1).

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Making entries and application of video-related Acts and subordinate statutes to the damaged video booms photographs, records on damaged side photographs, and images;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the choice of fines, respectively;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (the sentencing criteria shall not apply as the case has been selected by a fine)

The defendant has already been punished for the same kind of crime.

In particular, on January 13, 2016, the Defendant was sentenced to six months of imprisonment with prison labor due to a crime of interference with the performance of official duties and an injury by the District Court, and the judgment became final and conclusive on January 21, 2016, again committed the instant crime only for one year, even though it was under probation.

However, the defendant led to the confession of crime, the mental disability of the third grade, the value of the damaged property, and the victim.

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