(영문) 서울동부지방법원 2020.01.22 2019고단3080

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(영문) 서울동부지방법원 2020.01.22 2019고단3080

재물손괴등

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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On August 27, 2019, at around 00:19, the Defendant: (a) destroyed the damage and damage of property, the Defendant: (b) destroyed the E-high speed vehicle owned by the victim D (Nam, 37 years of age) who was parked in the first floor parking lot of Songpa-gu Seoul, Songpa-gu, Seoul; (c) caused the defects in the E-high speed vehicle in front of the stringer and the main set; and (d) destroyed the said low-est car to cover approximately KRW 2,145,093 of its repair cost; (d) destroyed the said low-est car; (e) removed signs of no parking in the vicinity of the 1st floor parking lot of Songpa-gu, Songpa-gu, Seoul; and (e) removed the stringer’s car with his hand to damage the 2,500 won, thereby damaging the said car.

2. The Defendant: (a) temporarily and at the same time and at the same place as mentioned in the above 1.1., was aware of the above acts of the victims; (b) went out of the house; and (c) went out of the house to the victim; and (d) went out of the nearby dangerous objects; and (b) was blicked by the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Written estimate;

1. Application of statutes on photographs of damage;

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special violence), Article 366 of the Criminal Act ( point of destruction and damage of property), the choice of imprisonment for a crime;

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;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The illegality of the crime of this case and the progress of each of the crimes of this case, etc. are not somewhat weak; the defendant has been punished three times for the same crime; in particular, even if he was investigated by committing a special assault or a special destruction of and damage to property on July 21, 2019, he/she committed each of the crimes of this case, and it is more favorable that he/she again committed each of the crimes of this case.

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