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(영문) 창원지방법원 마산지원 2016.08.23 2016고단457

재물손괴등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 20, 2016, at around 01:50 on May 20, 2016, the Defendant 201: (a) laid down a part of the victim B (46 years old), who was stopped to take passengers on the street in front of Samsung Bio-gu, Chang-si, Changwon-si, Masan, in order to take passengers on board, the Defendant 201:50 on May 20, 201.

As a result, the Defendant damaged the victim's property so that the 302,575 won of repairing expenses, such as the purchase fund, was damaged.

On June 5, 2016, the Defendant of “2016 Highest 637, the Defendant: (a) tried to purchase a small number of 1 enlisted men from the F convenience store of the victim E (n, 45 years old) working in Changwon-si, Changwon-si on June 5, 2016 to the F convenience store prior to the drinking convenience store; and (b) tried to purchase a small number of 1 enlisted men before the drinking convenience store; and (c) from the injured party “the drinking is so withdrawn.”

” 라는 말을 듣자 화가 나 “ 좃 빠네,

The victim's convenience store operation was obstructed by force by avoiding the disturbance between about 20 minutes, such as Chewing year, trauma, but not on credit, and breaking the cattle disease on the floor.

Summary of Evidence

"2016 Highest 457"

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Written estimate;

1. Each photograph "2016 Highest 637";

1. Statement by the defendant in court;

1. E statements;

1. Application of each statute on photographs;

1. Relevant Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, shall be determined by comprehensively taking account of the following circumstances, and other factors such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime.

Unfavorable circumstances: the same kind of crime.