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(영문) 인천지방법원 2017.09.21 2017고단2491

특수재물손괴

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

On March 5, 2017, at around 00:30 on March 5, 2017, the Defendant: (a) in front of the victim D operated by the victim D in the Namdong-gu Incheon Metropolitan City, Incheon; (b) on the ground that the victim left contact with the victim on the preceding day, but the victim did not meet the Defendant, and (c) removed the victim’s tree table installed in front of the entrance, which is an object dangerous to the victim’s tree table, and damaged the market value.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The place where the person suspected of committing the act is remaining;

1. Application of the CD-related Acts and subordinate statutes to the scene of the incident, photographs of damaged parts, and CCTV images;

1. Relevant legal provisions of the Criminal Act and Articles 369(1) and 366 of the Criminal Act regarding criminal facts, the selection of fines (i.e., the crime during the period of repeated crime, the degree of damage, the degree of damage, and the fact that the defendant was agreed with the victim and the defendant is against his/her own crime, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;