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(영문) 서울남부지방법원 2017.07.20 2017고단1961

재물손괴

Text

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

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

Reasons

Punishment of the crime

On April 2017, the Defendant driven the vehicle of the Victim B (the South, 54 years old) on behalf of the Defendant, and left his gratization on the vehicle of the victim. The victim was flated without immediately returning it.

On April 18, 2017, around 20:40, at the underground parking lot of the upper apartment complex 2 complex located in Guro-gu Seoul Metropolitan City, 97-gil 74, Nam-gu, Nam-gu, Seoul, the Defendant damaged the market value by making each hole in front of the driver's seat of the Choty vehicle, the victim, who was parked in the above area by using a reeding place for the above reasons, and then in the following one, each hole in the front of the driver's seat of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant Article of the Criminal Act and Article 366 of the Criminal Act concerning the crime. Article 366 (Selection of Penalty Penalty)

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

1. Even though the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order had been punished by the previous force, the fact that the Defendant committed the instant crime is not good.

However, the sentence was determined by comprehensively taking into account the following factors: (a) the full agreement with the victim was reached; (b) the confession and reflect was made; (c) the defendant's age, sexual conduct; (d) the circumstances after the crime was committed; and (e) various sentencing conditions expressed in the theory

It is so decided as per Disposition for the above reasons.