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(영문) 서울북부지방법원 2019.10.24 2019고단2071

재물손괴

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

On April 25, 2019, the Defendant was sentenced to imprisonment with prison labor for four months for obstruction of performance of official duties, etc. by the Seoul Northern District Court on April 25, 2019, and the judgment becomes final and conclusive on May 3, 2019 and is still under probation period.

On May 14, 2019, the Defendant: (a) around 22:23 on May 14, 2019, in front of the Seoul Jung-gu, Jung-gu, Seoul; (b) during the dispute with women-friendly districts, the Defendant: (c) let the victim C, who was parked there, get off once the driver’s seat on the side of the D cargo vehicle, which was parked at that place; and (d) damaged it so that the repair cost equivalent to KRW 100,000

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A damaged dives photo;

1. Application of the receipt statute

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the crime committed by the defendant during the period of suspension of the execution of the same kind, the following day immediately contact the victim with him/her for the recovery of damage, the degree of damage is relatively minor, and the degree of damage seems to be recognized and against him/her. Other factors such as the defendant’s age, character and conduct and environment, motive and background of the crime, and circumstances after the crime are considered, and the punishment is