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(영문) 광주지방법원 2017.05.25 2016고단5754

재물손괴

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On September 11, 2016, the Defendant: (a) around 00:13, 2016, at the cudio parking lot in Gwangju Mine-gu, the Defendant: (b) destroyed that the sum of repair costs would amount to KRW 6,540,952 by unloading the front glass of the vehicle in front of the vehicle in the Ethical, the net, and the upper right door, parked by the victim D, with fire extinguishers and building materials at the surrounding construction site.

2. On September 11, 2016, the Defendant: (a) around 02:25, the Defendant: (b) set off the Ivour’s seat, even and glass door of the HG car parkeded by the victim H with the concrete block around the G JG parking lot located in the Gwangju Mine-gu, Gwangju; and (c) destroyed the Defendant’s repair cost to the sum of KRW 2,295,018,018.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and H;

1. Each investigation report (field investigation, etc., investigation of the suspect), the results of field identification, the report on the results of field identification, the current status of evidential materials, and the results of checking the identity of the suspect who has damaged property;

1. Application of statutes of a estimate for motor vehicle inspection and maintenance specifications of motor vehicle inspection;

1. Relevant Article 366 of the Criminal Act and the choice of fines for criminal facts;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is several criminal offenses, and the criminal liability for committing the instant crime, the damage of which is large, without being informed of, during the suspended execution period (the suspended execution of which was sentenced to two years on April 24, 2015 by interfering with business affairs on September 24, 2015).

However, since around 2009, hospitalization and outpatient treatment are being performed due to the symptoms of alcohol dependence, scopic disorder, serious symptoms with mental disorder, etc., and the crime is deemed to have been committed in an unstable state under the influence of alcohol on the day of the instant crime.