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(영문) 서울남부지방법원 2019.02.15 2017고단4233
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On July 16, 2017, at around 14:15, the Defendant: (a) driven a C observer car on the alleyway located on the left side of Gangseo-gu Seoul Metropolitan Government B, leading to a street park rapidly; (b) made it possible for the Defendant to go to a street park; and (c) received a claim from F from the victim, who was on the top of the steering line of the victim’s vehicle, by making it possible for the victim to go against the victim, he would stop the front of the victim’s vehicle in the traffic signal with his own vehicle; (d) cut off the victim’s vehicle in the traffic signal with his vehicle; and (e) cut off the strings, Bos, and even door, so that the repair costs of KRW 6,073,815, which is the victim’s possession, are damaged.

2. The Defendant assaulted the victim on the date and time set forth in Paragraph 1, at a place set forth in Paragraph 1, on the same grounds as that set forth in Paragraph 1, by hand, by taking the victim’s D (n, 61 years of age) into his hand, by getting the victim faced with the vehicle by pushing the victim in his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Examination protocol of police suspect regarding D;

1. A report on investigation (Submission of a written estimate) and a report on investigation (related to shooting and currency);

1. Application of the Acts and subordinate statutes on photographs of damage, damage to property;

1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the sentence was imposed by comprehensively taking account of various circumstances indicated in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., where it is difficult to see that the Defendant was seriously disadvantaged, such as denying the crime at the early stage of the public trial, and then making it difficult to see that the Defendant’s agreement or damage was not recovered.

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