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(영문) 청주지방법원 충주지원 2018.11.09 2018고단520

특수재물손괴

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On October 23, 2014, the Defendant was sentenced to one year and four months of imprisonment by obstructing business operations at the Seoul Western District Court, and completed the execution of the sentence in the original prison on December 31, 2015.

[2] On August 9, 2018, the Defendant: (a) opened the entrance at the “D” human resources office operated by the Victim C in Chungcheongnam-si, Chungcheongnam-si on August 9, 2018; (b) opened the bricks, which are dangerous objects in the vicinity of the Defendant, on the ground that the victim was not contacted; and (c) opened the entrance of the said office, and broken down the glass window equivalent to KRW 450,000,000, market price.

The defendant, carrying dangerous objects, thereby damaging property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written estimate;

1. Criminal history: Application of a written reply to inquiry, such as criminal history, report on investigation (A), and the current status of expropriation of each individual;

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. Determination of a fine by taking into account the reason for the crime of sentencing under Article 334(1) of the Criminal Procedure Act, the background leading up to the crime, degree of damage, and the victim expressed his/her intention not to want the punishment of the defendant; however, the amount of fine shall be determined by taking into account the fact that the victim again committed the crime during the period of repeated offense due to the same kind of crime, the fact that he/she was punished more than 40 times for the crime of violence, such as the record of criminal punishment near 40 times during