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(영문) 수원지방법원 2016.04.12 2016고단502

재물손괴

Text

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

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

Reasons

Punishment of the crime

On January 30, 2016, the Defendant: (a) at the “E restaurant operated by the victim D” located in the “C Shobyb” in Suwon-si B, Suwon-si, Suwon-si; (b) under the influence of alcohol, the Defendant ordered food for the victim, who was under the influence of alcohol, and caused the damage to the victim, after hearing the horses that the food would be prepaid; and (c) under the influence of alcohol, he saw the victim’s own sound at the display stand and took a bath, and damaged the Defendant’s 5,00 won of the market price, which is the victim’s possession, on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of statutes on site photographs;

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) of the Criminal Act to attract a workhouse;

1. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act - The defendant was sentenced to 6 months of imprisonment and a fine of 300,000 won on June 17, 2015, due to the crime of property damage at the Suwon Flag method Board, and the execution of the above imprisonment was completed on November 6, 2015 and is not only during the repeated period, but also during the appellate trial, which was sentenced to a fine of 3 million won for the crime of property damage, etc. at the same court on December 10, 2015, and is still pending in the appellate trial, and even if he was subject to a criminal punishment of 3 million won due to the same kind of crime or violence, the circumstances favorable to the defendant committed the crime of this case without being well-founded - The defendant recognized his mistake and reflects his injury - on the grounds that only the victim and the victim agreed to do so.