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대구지방법원 김천지원 2016.12.20 2016고정618

특수재물손괴

Text

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

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

Reasons

Punishment of the crime

At around 04:30 on September 19, 2016, the Defendant: (a) droppedd the victim D(52 years of age) (a) holding a dangerous object near the top glass of a high-speed vehicle owned by the Defendant, which was under the influence of alcohol in front of the Gu-si B, and parked there, without any reason; (b) destroyed the property of KRW 1,091,924 at the market price by damaging it; and (c) destroyed the property of KRW 1,091,924 at the end of the above high-class vehicle, boarding the said high-class vehicle with the brack knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Police investigation report (limited to news reports block used to damage the glass of a vehicle, which is attached to a written estimate of general repair expenses, a written estimate of general repair expenses, or a written estimate of general repair expenses);

1. A report on internal investigation by the police (as to the site situation at the time of departure)

1. Application of the photographic Acts and subordinate statutes;

1. Article 369 (1) and Article 366 of the Criminal Act and the choice of fines for the crimes;

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

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 agreed with the victims, and that the Defendant was the first offender, but such circumstance appears to have already been determined by a fine due to consideration from the time of issuing the summary order. The Defendant committed each of the crimes of this case without any reason under the influence of alcohol is the form of such crime.

subsection (b) of this section.

In addition, comprehensively taking into account all the circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the amount of fine in the summary order is too high.

Therefore, the punishment is imposed as ordered.