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(영문) 창원지방법원 2018.04.19 2017고정756

재물손괴

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On July 4, 2017, at around 23:30, the Defendant destroyed the beer’s disease on the floor, which was located in the above room on the ground that the victim C (W, 54 years of age) located in the second floor of the Kimhae-si building B, which was operated by this 2 room “D main store”, was broken up on the floor, and damaged the beer’s disease that was located in the above room on the ground that the victim’s service complaints, etc. were broken up, and the market price is equivalent to KRW 70,000,000 and 30,000 won of the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to investigation reports (limited to submission of estimates of damaged goods);

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 10(2) and Article 55(1)6 of the Criminal Act to mitigate mental and physical weakness (the Defendant was hospitalized at a hospital several times since he was diagnosed with a pulmatic disorder in 2000) of the Criminal Act (the Defendant was hospitalized at the hospital several times since he was diagnosed with a pulmatic disorder in 2000). In addition, the Defendant committed the instant crime under the mental and physical weakness by taking into account the following factors: (a) he was hospitalized on July 18, 2017 through September 13, 2017; (b) the Defendant was hospitalized by a specific politician with respect to the motive of the instant crime; and (c) the Defendant made a statement that it is difficult for him to obtain by means of being represented by him; and (d) the Defendant made a statement to criticize the last floor of social guidance at the time of the public trial while making a statement at the time of the instant crime; and (c) the instant crime was committed under the influence of mental and physical weakness.

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 requires compensation for damages caused by the reason and the victim does not want punishment by mutual consent with the victim and determine the punishment as ordered by taking into account various sentencing conditions, including the defendant’s age, health status, sexual conduct, and the circumstances after the crime.