beta
(영문) 의정부지방법원 2019.06.20 2019고정219

재물손괴

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On January 3, 2018, the Defendant was sentenced to two years of suspension of the execution on August 11, 2018 by imprisonment with prison labor for the crime of causing property damage, etc. at the Jung-gu District Court, and the said judgment became final and conclusive.

【Criminal Facts】

On October 25, 2017, the Defendant found the “C” in 18:30 on 18:30 on 25, 2017, while drinking and drinking alcohol, sprinkling each other, and then sprinking each other, damaged the Defendant’s repair cost by putting the stick that may occur on the part of the victim D, which is kept by a drieder, coffee bow, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim;

1. On-site photographs;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has been punished for violent crimes several times, and the victim's damage has not been recovered.

However, the principle of equity shall be taken into account when the judgment of conviction was rendered simultaneously with the facts found guilty.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, character and conduct, environment, motive means of crime, circumstances after crime, etc. and all the sentencing conditions shown in the argument and records of the