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

[Criminal Records] The Defendant was indicted on November 30, 2017 for a special injury to the Magpoon branch of the Gwangju District Court, and is currently pending in the trial.

[2] On April 7, 2018, the Defendant, within the main point of “D” located in Sinpo-si, Sinpo-si, on April 7, 2018, was arguing with other customers, and the Defendant, who was asked from the victim E, the operator of the above main point, to change from the main point of view, thereby damaging the Defendant’s vehicle by walking the glass entrance (90cm in length, 180cm in length, 180cm in length) equivalent to KRW 180,00,000 in the market value of the victim’s ownership.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. E statements;

1. Written estimate or the entrance and photograph of the damaged property;

1. Criminal records as stated in the judgment: A response to inquiries, such as criminal history, a case pending in trial, and a copy of indictment (the defendant intentionally failed to wear a window;

However, in full view of the part of the victim’s consistent statement from the investigative agency to this court where the victim’s statement was destroyed by the glass, it is difficult to accept the Defendant’s above assertion because the Defendant could have sufficiently recognized the fact that the Defendant would face the glass intentionally, and thus, it is difficult to accept.

Application of Statutes

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act has the history of criminal punishment for the same crime, and the defendant committed the instant crime even though he/she has been pending in a trial for a special injury as in the judgment, such as the record of the crime, but the amount of damage in this case is relatively small at KRW 1.80,000, and the victim wishes by agreement with the victim to take prior action against the defendant, and all the reasons for sentencing indicated in the record shall be determined as ordered by taking full account of all the following factors: