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(영문) 서울남부지방법원 2018.05.31 2018고단538
재물손괴
Text

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

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 27, 2018, the Defendant: (a) around 01:26, the Yeongdeungpo-gu Seoul Metropolitan Government Sinsan-ro 229 Sinsan-ro 13 lanes in front of the departure-based 4-lane, the Defendant: (b) destroyed the said taxi in need of repair cost of KRW 116,670 on the ground that C cab owned by the victim B was not stopped due to the reason that C cab, which was operated by the victim B, was not stopped.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Photographs of damaged vehicles;

1. Application of a detailed statement of repair costs and a copy of motor vehicle registration certificate;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The basic area (from April to October) of the sentencing criteria (the scope of recommended punishment) (the person who is subject to special sentencing) shall not be included in the sentencing criteria (the scope of recommended punishment) general standards; and

2. The defendant was sentenced to a summary order of KRW 700,000 as a result of a violation of the Punishment of Violences, etc. Act (joint assault) at the Seoul Southern District Court on December 22, 2011. On October 26, 2017, the Seoul Southern District Court received a summary order of KRW 700,000 as a result of interference with business affairs at the Seoul Southern District Court on December 22, 2017. On December 22, 2017, the Seoul Western District Court received a summary order of KRW 1 million as a result of interference with business affairs at the Seoul Western District Court on December 31, 201, the defendant was charged with summary order of KRW 1,50,000 as a result of interference with business affairs at the Seoul Southern District Court on October 31, 2017, which was sentenced to a summary order of KRW 1,500,000 for a fine of KRW 378,000 for the same type of crime.

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