beta
(영문) 대구지방법원 안동지원 2021.02.02 2020고단3

재물손괴

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 10, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Busan District Court, and the judgment became final and conclusive on October 18, 2019.

On October 12, 2019, around 17:55, the Defendant destroyed and damaged the said K3 car owned by the victim by bicycle on the ground that the vehicle for the use of the EK3 passenger parked by the victim D interfered with the Defendant’s bicycle passage.

Summary of Evidence

1. Defendant’s legal statement D, F’s report on internal investigation (in relation to attachment, such as site photographs), site photographs, internal investigation reports (related to black stuffs and field ctv verifications), - Bable stuff photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of criminal records and confinement information of the suspect), investigation report (latter concurrence and confirmation of period of repeated crimes), and Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. In full view of the circumstances below the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, and other circumstances of sentencing as indicated in the Defendant’s age, sex, environment, means and consequence of the commission of the crime, and circumstances after the commission of the crime, the punishment is determined as ordered.

The favorable circumstances: The fact that the defendant appears to recognize and reflect a crime, the fact that the judgment of the court is to take account of equity when it is judged simultaneously with the crime for which the judgment became final and conclusive, and the fact that the defendant's health status is not good: The defendant again commits the crime of this case without being involved in the period of repeated crime, the defendant does not agree with the victim, and does not take measures to recover damage; the defendant has been punished twice by a fine by the same kind of crime; and there are other records of considerable criminal punishment including punishment due to violence.