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(영문) 인천지방법원 2018.08.16 2018고단4514

재물손괴

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 19, 2018, at around 02:40, the Defendant found the victim D (54 tax)’s house 203, Nam-gu Incheon Metropolitan City C Housing 203, and, after walking the entrance door, the Defendant told the victim “to die and throw away the width,” and damaged the Defendant’s 5 tables and floor of glass cups owned by the victim who was on the customer of the ward.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report (to hear statements made in victim D);

1. Application of statutes on site photographs;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

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

1. Criminal Procedure Act Article 334(1) of the Criminal Procedure Act is a crime during the period of suspension of the execution of reasons for sentencing, and the defendant also has the same criminal records.

However, it appears as a contingent crime, the degree of damage is minor, and the defendant is against the defendant.

There shall be no criminal conviction nor more severe punishment.

A person shall be punished by a fine under the above circumstances by taking into account the relationship with the victim, motive, circumstances, etc. of the crime at once.