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(영문) 의정부지방법원 고양지원 2018.08.30 2018고정678
특수재물손괴
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of two years on January 27, 2018, for the crime of injury at the Goyang Branch of the Jung-gu District Court on January 19, 2018, and the said judgment became final and conclusive on January 27, 2018.

In addition to the previous convictions, the Defendant was sentenced to eight months of imprisonment by larceny, etc. at the Seoul Western District Court on March 27, 2018, and the above judgment became final and conclusive on April 4, 2018, and the Defendant committed the crime of destroying the special property in this case prior to April 4, 2018, which is the date when the judgment of larceny, etc. becomes final and conclusive.

However, as seen earlier, the Defendant was sentenced to a two-year suspended sentence for eight months of imprisonment for the crime of bodily injury after the crime of destroying the special property of this case, and the said judgment became final and conclusive on January 27, 2018, and the person who committed the crime of larceny, etc. of this case was finally and conclusive after January 27, 2018 (from January 31, 2018 to February 2, 2018). As such, since the judgment on the crime of destroying the special property of this case and the crime of larceny, etc. of which judgment became final and conclusive on April 4, 2018, it constitutes a case where the judgment cannot be ruled at the same time from the beginning.

Therefore, the crime of larceny, etc., which became final and conclusive on April 4, 2018, and damage to the special property of this case, is in the relation of concurrent crimes after Article 37 of the Criminal Code.

subsection (b) of this section.

[2] On July 9, 2017, the Defendant discovered the KS3 car in the name of the victim D, which was parked in the front of the "C" food in Gyeyang-gu B, Gyeyang-gu, Seoyangyang-gu, Seoul around 18:50 on July 9, 2017, and caused the repair cost equivalent to KRW 920,00,00,00, by misunderstanding the Defendant as a vehicle of the director of the manpower office having ordinary dissatisfactions, and putting a brick, which is a dangerous thing near the vehicle, and putting the front glass of the said vehicle on three occasions.

Accordingly, the defendant carried dangerous articles and thereby has impaired the utility of the car owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A photograph of the damaged scene;

1. Written estimates and black images;

1. A previous convictions in judgment: A and assistance to refer to inquiries, such as criminal history.

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