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(영문) 제주지방법원 2019.07.05 2019고정128

재물손괴등

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On October 2, 2018, the Defendant: (a) around 14:00, and around 14:00, the Defendant destroyed the property of the said victim by gathering 130,40 won of the market price owned by the said victim, which was on the instant victim’s line, under the influence of alcohol, while drinking together with drinking at D’s “D” restaurant operated by the victim C (53 years of age).

2. The Defendant, at the time and place specified in paragraph 1, threatened the said victim by carrying a dangerous object, such as threatening the victim E (n, 46 years of age) who operates the said restaurant together with the instant restaurant, and holding the instant restaurant, and threatening the said victim by carrying them into force.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Each entry in C and E’s written statements;

1. Each investigation report (for the amount of damage, / the closure of the screen on the screen screen) prepared by the police, each recording or image (for the evidence with accompanying documents, including accompanying documents);

1. Statement of notification to the department in charge of reporting the 112 case at the police station;

1. Application of each of the related visual Acts and subordinate statutes;

1. Article 366 of the Criminal Act and Article 366 (Selection of Fine): Article 284 and Article 283 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for special intimidation heavier than 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 order of provisional payment 【Scope of the applicable sentences under the law】 A fine of KRW 50,00,000 to KRW 15,00 (in the case of concurrent crimes), which is sentenced to a fine of KRW 3 million, the Defendant alleged that the fine of KRW 3 million is excessive. However, in light of the degree and risk of the instant crime committed by the Defendant, the above amount of fine is not excessive.

It is so decided as per Disposition for the above reasons.