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(영문) 서울중앙지방법원 2018.07.11 2018고단2445

재물손괴등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[2018 Highest 2445] On January 21, 2018, at the front parking lot of Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government apartment building C, the Defendant destroyed that the victim D, who was a tobacco, did not have any other male, was living together with the Defendant, and was parked in the E parking zone on the ground that the victim D, who was a tobacco, was bad, would have the victim's front and rear part of the FUF passenger car, 3 outside antennas, 1, 1, and 394 won, which was parked in the E parking zone.

[2018 Highest 2598] On March 11, 2018, the Defendant: (a) around 01:5, at the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Round, caused a brick that is a dangerous object on the street on the ground that the dog was drunk and returned back to the house was prevented; (b) was parked in the International BMF car owned by the victim H, and damaged property by carrying a dangerous object with the repair cost of KRW 2,625,095.

Summary of Evidence

[2018 Highest 2445]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Ctv video CDs;

1. Written estimate for repair (2018 main body 2598);

1. Statement by the defendant in court;

1. A H statement;

1. Attachment of field video CDs;

1. Application of Acts and subordinate statutes on the attachment of photographs (a damaged vehicle, a brick used for committing a crime), and written estimate;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense, the choice of a penalty, Article 366 of the Criminal Act (the point of destroying property and of a fine), Article 369 (1) of the Criminal Act, Article 366 of the Criminal Act (the point of destroying special property and the choice of a fine);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act recognizes the Defendant’s criminal act, the circumstance and degree of damage caused by the Defendant to commit the instant crime, the agreement with some of the victims, and the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc.