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(영문) 전주지방법원 2017.09.08 2017고단1159

재물손괴

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On June 4, 2017, around 23:50, the Defendant: (a) borrowed a mobile phone from E from the victim E who was sexually frighted to use the lost mobile phone in order to find out the lost mobile phone on the road, and (b) destroyed the market price of the victim’s own mobile phone owned by the victim who was located in the neighboring river because the victim was deprived of the aforementioned mobile phone from the victim who was frightd to bring about the said mobile phone; and (c) destroyed the cell phone by cutting off the mobile phone from the victim who was frighted to bring about the said mobile phone; and (d) destroyed

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on report of occurrence;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

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

1. There is a record that the defendant has been sentenced to criminal punishment for the same kind of crime, and there is a record of having been sentenced to criminal punishment several times for violent crimes, for reasons unfavorable to the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

The favorable circumstances include the fact that the defendant recognizes the crime of this case and the defendant does not want the punishment of the injured party by the agreement with the injured party.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.