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(영문) 광주지방법원 2019.01.25 2018고단4554

재물손괴

Text

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

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

Reasons

Punishment of the crime

At around 01:40 on June 27, 2017, the Defendant sought a complaint from the victim on the ground that the drinking value was higher than the Defendant’s idea in the “D” entertainment tavern operated by the victim C, which was located in Jeju-si, but, upon being aware that the victim had not already left, the victim was aware that he did not leave the entrance, thereby making the said main entrance be set up at one stop, thereby damaging the non-repairable property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of statutes on site photographs;

1. Article 366 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine for punishment;

1. The sentence like the order shall be imposed in consideration of the following factors: (a) the degree of damage caused by the sentencing of Articles 70(1) and 69(2) of the Criminal Act is minor; (b) the victim does not want the punishment of the defendant; (c) the victim is recognized and reflected in the crime; and (d) the defendant's age, character and conduct, family environment, motive and circumstance of the crime; and (e) the motive and circumstance of the crime after the crime.