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(영문) 대구지방법원 2018.06.21 2018고단1128

재물손괴등

Text

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

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

Reasons

Punishment of the crime

1. The Defendant damaged property on February 21, 2018, on the ground that the victim D (63 Dop) parked on the street in the Daegu Suwon-gu, Daegu-gu, about 06:00, the E-verification Co., Ltd. parked on the street in order to prevent the entrance of the sports vehicle from taking a seat of the entrance, thereby damaging the victim’s above co-section owned by the victim, which was far away from the street while under the influence of alcohol, by making the front of the passenger car, the knick, and the knicks from the front of the car and the knicks, and thereby damaging the amount of incidental repair costs.

2. The Defendant, at the same place as indicated in paragraph 1 and around 06:40 on the same day, assaulted the victim’s chest in hand, with knife, with knife, with respect to the damage of the victim’s eggs as above, the victim’s knife was pushed down with flab, flab, and flabing with blaps.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

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

1. Relevant Article 260 (1) of the Criminal Act (the point of violence) and Article 366 of the Criminal Act (the point of damage to property) 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. It is not good that the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act was damaged by the victim and assaulted against the victim who resisted the reason.

However, it is so decided as per Disposition by examining the age, sex, environment, circumstances leading to the crime, and circumstances after the crime, etc. of the defendant in the light of the fact that the degree of damage is not heavy and the health is not good.