beta
(영문) 창원지방법원 마산지원 2017.03.10 2017고단53

재물손괴등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On January 13, 2017, at around 11:55, the Defendant: (a) obstructed the Defendant’s business by entering a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife.

2. On January 13, 2017, at around 12:00, the Defendant damaged the Defendant’s disturbance by breaking the victim’s (a week)’s public telephone room (OOth), which was located there, to the police for the reason that the Defendant reported the Defendant’s disturbance to the police on the Defendant’s disturbance before the control point under Paragraph 1 of Article 1 of the Act, thereby damaging the Defendant’s damage to the effect that the repair cost would amount to KRW 5,00,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements of D;

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

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is in need of corresponding punishment in light of the circumstances and contents of each of the instant crimes.

The defendant has been punished for the crime of interfering with business affairs and destroying property several times.

However, the fact that the defendant has been detained for a considerable period of time, recognizing the defendant's wrong and living in good faith in the future, and the degree of damage is relatively minor.