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(영문) 창원지방법원 거창지원 2016.05.18 2016고단69

재물손괴등

Text

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

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

Reasons

Punishment of the crime

1. On December 17, 2015, at around 22:10, the Defendant damaged property, in front of “D” operated by the injured party C in Gohap-gun B, Nam-nam, around December 17, 2015, while under the influence of alcohol, the Defendant and the injured party were boomed with the injured party “I am hye hye hye hyeh. hyeh. hyeh. hyeh. death.

In doing so, while putting a bath, she was fluoring the brush, she laid the entrance door to the entrance of the above brush, shouldered the entrance doors owned by the victim, and entered the ice cream, brecream, brecing machinery, brecing materials, equipment, etc. being kept in a glass brush, thereby damaging the property equivalent to the total market value of KRW 628,00,000, such as impairing the utility thereof.

2. The Defendant, at the time and place indicated in the above Paragraph 1, prevented the Defendant from citing the customers who want to enter the shop by suffering disturbance, such as harming the victim’s bath, damaging the property of the shop operated by the victim, etc.

Accordingly, the defendant interfered with the victim's smooth operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes to a criminal investigation report (a written estimate, etc.);

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 crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case on the ground of sentencing of the order of provisional payment is an unfavorable circumstance to the defendant, inasmuch as the defendant, under the influence of alcohol, takes a bath to the victim without any special reason, and interferes with the business by destroying the entrance, etc. of the victim’s business.

On the other hand, the fact that the defendant is the first and against the defendant, and that the defendant agreed with the victim is favorable to the defendant.

A. D. The above circumstances are different.