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(영문) 춘천지방법원 원주지원 2016.09.20 2016고단696

특수재물손괴

Text

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

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

Reasons

Punishment of the crime

On June 23, 2016, at around 06:50, the Defendant, without any justifiable reason, was at the front of the office of the victim C, which is located in Gangnam-gun B, the Defendant damaged the above glass window so that the repair cost would be equivalent to KRW 100,000,000.

Accordingly, the defendant carried a stone, which is a dangerous object, and damaged the free will of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and C;

1. Investigation report (verification of application for punishment and expenses incurred in repairing property damage and damage);

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of punishment;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, destroyed the window of a neighbor’s house without any particular reason despite the fact that he/she had been punished several times for violent crimes.

However, there was an agreement with the victim and the degree of damage is minor.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.