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(영문) 서울중앙지방법원 2018.10.25 2018고단3353
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than five months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On April 5, 2017, the Defendant was sentenced to imprisonment with labor for 10 months and fines of 200,000 won in Seoul Southern District Court on April 5, 2017. On October 17, 2017, the Seoul Southern District Court completed the execution of the sentence.

[2] On April 30, 2018, around 22:40 on April 30, 2018, the Defendant got off the victim’s house entrance located in Seoul C, on the ground that the victim of ordinary facilities was not able to sleep up with the wind to cover the new wall while drinking water on the new wall, and caused the victim’s loss of the victim’s door glass ( around 80 cm, about 82 cm, about 82 cm) at the upper door of the entrance equal to 100,000 won at the market price owned by the victim.

Accordingly, the defendant damaged the property owned by the victim.

On April 5, 2017, the Defendant was sentenced to imprisonment with labor for 10 months and fines of 200,000 won by obstructing business operations at the Seoul Southern District Court on April 5, 2017, and completed the execution of the sentence in Seoul Southern Prison on October 17, 2017.

[2] On April 12, 2018, the Defendant: (a) around 20:40 on the front road located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant spited the victim G (38 tax) on the HWW car parkeded in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul; (b) installed a vehicle on the road; (c) the Defendant spited the victim who reported it; (d) provided the desire to see the racker’s rack; and (e) damaged the racker’s laf so that the racker’s laf of the said car can be seen as the repair cost

Summary of Evidence

"2018 Highest 3353"

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report (to hear statements made in victim D);

1. Photographs of damaged articles;

1. Previous convictions: 2018 after inquiring about criminal records and investigation reports (prior convictions, etc. of suspects, repeated crimes, etc.);

1. Statement by the defendant in court;

1. G statements;

1. Investigation report ( telephone communications of a victim);

1. A damaged photograph;

1. Previous convictions in judgment: References to inquiries, such as criminal history (A) and application of the Act on Report of Investigation;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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