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(영문) 서울북부지방법원 2017.02.03 2016고단4879

재물손괴

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On October 29, 2016, at around 23:45, the Defendant collected the chair who was under the influence of alcohol in front of the Seoul Jung-gu Seoul Metropolitan Government, and collected the parts of the main set of the said car parked on the street, thereby causing defects in the main set of the said car, and thereby damaging the said car owned by the victim E, by getting off the page.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

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

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The punishment as per the disposition shall be determined by comprehensively taking into account the following: (a) the background leading up to the crime for sentencing (under the influence of drinking after taking advantage of depression) under Article 334(1) of the Criminal Procedure Act; (b) the victim does not want the punishment of the defendant; (c) the criminal records of the defendant [ multiple criminal records of violence, such as probation for a period of two years in violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) in 2014, including the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) but no punishment has been imposed after the judgment of the suspended sentence was rendered]; (d) the attitude of the defendant after the crime was committed; (e) the living relationship (a) of the defendant (a person receiving the provisional life, a recipient of the basic life, and a person residing in the