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(영문) 서울중앙지방법원 2020.10.23 2020고단6230
특수재물손괴등
Text

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

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

Reasons

Punishment of the crime

1. Around August 19, 2020, the Defendant: (a) did not duplicate with C, which does not have any eromatic dispute in the vicinity of Jung-gu Seoul, Jung-gu, Seoul; (b) did not duplicate with C; and (c) laid the entrance door by gathering plastic chairs in order to cut down to the block operated by the victim D; and (d) laid down pilings, which are dangerous objects on the road, at approximately KRW 2.50,000,000, the market price of which was above KRW 2.50,000,000.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

2. The Defendant was aware of the circumstances that the victim E (the age of 34) and F (the age of 28), while drinking alcohol within the above mentioned mentioned in Paragraph 1, and thus, the Defendant, despite being aware of the circumstances that the Defendant’s act as above, could cause the victims to suffer from the shoulder, he left the glass box, which is a dangerous object, as described in Paragraph 1, and thereby, the Defendant was able to take up the said glass box to fit the victim E’s second right hand hand and the victim Fbuck.

Accordingly, the defendant carried dangerous articles and assaulted victims.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the CD-related Acts and subordinate statutes to receipts that damage the victims' property damage of D, E, and F, on-site glasss and photographs, damaged photographs of each victims, film photographs used by the suspect;

1. Article 369 (1) and Article 366 of the Criminal Act concerning the facts constituting an offense, and Articles 261 and 260 (1) of the Criminal Act;

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order is that the method of punishment in this case is dangerous, and the punishment for the crime in this case is not minor.

Before 2015, the accused has been sentenced to violent crimes.

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