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(영문) 서울중앙지방법원 2016.01.28 2015고단5661
폭행등
Text

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

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

(e).

Reasons

Punishment of the crime

1. On September 14, 2015, the Defendant damaged the victim C’s property on September 22 and 45, 2015, the Defendant moved the victim C’s E-si, which was frighted around the road in front of Gangnam-gu Seoul Metropolitan Government, to the victim C’s E-si, the market value of which is equivalent to KRW 300,000,000, a victim’s possession, left the said taxi.

Accordingly, the defendant damaged the victim's property.

2. The Defendant damaged the victim F’s property at the time and time described in paragraph 1, and the victim F’s G taxi operated in the vicinity of the said road at the victim F’s location, leaving the victim’s G taxi with the victim’s share of KRW 300,000,000 at the market price.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

1. Relevant Articles of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting an offense (the point of destroying property and the choice of imprisonment);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., taking into account the favorable circumstances among the reasons for sentencing) is that the Defendant repeats a similar type of crime even though he/she had been sentenced to a heavier punishment, such as imprisonment, due to a violent crime committed in excess of 20 times until the latest.

In particular, the Defendant has repeatedly shown anti-social behavior such as destroying a vehicle that passed without any particular reason after drinking in the previous crime, including the instant crime, or causing violence to the surrounding persons, etc., and the nature or degree of the crime is extremely poor.

With respect to the above case, the victims did not recover from the damage.

In light of these circumstances, the responsibility of the defendant is heavy.

However, the defendant recognizes the fact of crime and prevents the recurrence, and the overall damage shall be the degree of damage.

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