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(영문) 인천지방법원 부천지원 2017.12.08 2017고단2270

특수재물손괴

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 2, 2017, the Defendant: (a) around 21:40 on May 2, 2017, when the victim D (V, 51 years of age) located in Gumi-si C, the Defendant was traveling along the other male.

The victim's market price was 160,000 won and damaged by a knife, which is a dangerous object in the main room.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes on mobile phone pictures;

1. Article 369 of the Criminal Act applicable to the crime, Articles 369 (1) and 366 of the Criminal Act, the selection of fines for the crime, and the selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant had a record of having been punished seven times or more for violent-related crimes; (b) the Defendant committed the instant crime without being aware of the fact that the Defendant was under suspension of execution due to special intimidation; and (c) the Defendant’s cell phone damage to the victim with a knife, which is dangerous object; (d) the confession of the Defendant is against the nature of the crime; (e) the Defendant’s confession is being made; (e) the victim does not want the Defendant’s punishment; and (e) the degree of damage to the victim is relatively minor; and (e) the sentence like the order shall be determined by taking into account various factors of sentencing as indicated in the instant argument.