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(영문) 서울서부지방법원 2018.10.05 2018고단1233
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 11, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for property damage, etc. at the Seoul Central District Court on November 15, 2015 and completed the execution of the sentence at the Seoul Detention Center.

1. On March 21, 2018, around 18:40 on March 21, 2018, the Defendant damaged the victim E-gate of building in Yongsan-gu Seoul, Yongsan-gu, Seoul to make the victim E-gate of building D available for repairs.

2. Violence;

A. On March 20, 2018, around 19:40 on March 20, 2018, the Defendant used the victim’s 'H’ restaurant operated by the victim G (59 years old) in Yongsan-gu Seoul, Yongsan-gu, Seoul, for the reason that the victim does not sell food to the Defendant, and used the victim’s breath to live in the breath of the victim, leading the victim out of the said restaurant, leading the victim out of the said restaurant, and assault the victim at one time.

B. On July 30, 2018, the Defendant is strong in 08:35, which is located in Yongsan-gu Seoul Metropolitan Government Automatic 37-1, and in the above children's park, "the Defendant was subject to violence" was reported by the Defendant and explained the situation to the police officers of the 112 police officers dispatched after receiving the Defendant's report, one-time smuggling with the victim I (62 tax) who tried to explain the situation to the police officers of the 112 police officers dispatched, and the police officers failed to control the situation, and the Defendant "pack hack kk kb

Madabsk in mind

“Alongly sound and assaulted the victim’s timber at his left hand once.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, G, and I;

1. Photographs;

1. Investigation reports (to hear statements by police officers dispatched to the scene);

1. Previous convictions: Inquiry about criminal history, report on investigation (the confirmation date of the date of release) and application of Acts and subordinate statutes concerning personal confinement;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The past part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes has been imposed on several occasions, and the recidivism was committed during the period of the same repeated crime, under the circumstances unfavorable to the victim of the crime of property damage, and the degree of assault is relatively significant;

. Not visible.

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