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(영문) 인천지방법원 2018.10.17 2018고단5865

재물손괴등

Text

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

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

Reasons

Punishment of the crime

At around 20:50 on May 29, 2018, the Defendant, while walking the front road B in the Yeonsu-gu Incheon Metropolitan City, was under the influence of alcohol, walked on the steering side of the said vehicle and walked on the steering side of the said vehicle, opened the driver’s seat when the victim stops, and flapsed into the flaps of the victim, and then got the head of the victim’s head after putting the head into the front road of the said flaps, and then damaged the repair cost by hand on the said flaps.

Accordingly, the defendant assaulted the victim and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing photographs of damaged vehicles;

1. Relevant Article 260 (1) of the Criminal Act (the point of violence) and Article 366 of the Criminal Act (the point of damage to property) and the selection of fines for a crime;

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. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant is making a confession of the crime of this case.

No damage shall be severe.

Unfavorable circumstances: The defendant committed the crime of this case, even though he was punished by imprisonment without prison labor or heavier punishment because he committed the same kind of crime in the past, is highly likely to repeat the crime of this case.

There was no recovery of damage.