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(영문) 서울북부지방법원 2017.04.28 2016고단5942

특수재물손괴

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who has resided in the Dobong-gu Seoul Metropolitan Government Public Notice KRW 313.

On April 17, 2016, the Defendant used approximately 15cm-type stones in diameter, which are dangerous objects, and opened up to the fourth-story rooftop of the above Gowon, and without any justifiable reason, caused the victim E, parked in front of the above Gowon building, to drop the above-mentioned car into the top roof part of the above car.

In this way, the defendant damaged the above car owned by the victim by approximately KRW 1.2 million for repair.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site photographs, analysis of ctV images, and photographs discovered at the site of the case;

1. Application of Acts and subordinate statutes to a report on investigation (verification of damage details);

1. Article 369 of the Criminal Act applicable to the crime, Articles 369 (1) and 366 of the Criminal Act, the selection of fines for the crime, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act does not relax the case in light of the content of the instant crime and the degree of damage. However, it appears that the Defendant led to the instant crime under the influence of alcohol, the Defendant appears to have committed dynamicly the instant crime under the influence of alcohol, the possibility of mental disorder can not be ruled out, and other circumstances revealed in the records and theories of the instant case, such as the primary offender, etc., shall be determined as ordered by taking into account the overall circumstances revealed in the records and theories of the instant case.