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(영문) 인천지방법원 2016.04.11 2016고단525

특수재물손괴

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

On January 12, 2016, at around 18:50, the Defendant: (a) in the “D Gameland” operated by the victim C in the Southern-gu Incheon Metropolitan City B2, the Defendant: (b) lost game costs while running the game; and (c) caused the Defendant’s vehicle stored in the Defendant’s vehicle located in the above game site; and (d) broken off the game machine monitoring, etc. in one order.

As a result, the defendant carried a dangerous article, thereby damaging 33 game equipment owned by the victim in a way that amounting to 7,575,00 won for repair.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation (report attached to a written estimate) and a written estimate attached thereto;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs on damage scenes;

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. Article 48 (1) 1 of the Criminal Act applicable to sunset;

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act for the crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act does not correspond to the nature of the crime, in light of the circumstances leading up to the crime of this case and the method of the crime and the number of damaged items, the defendant, while carrying out a speculative game, has lost a lot of money and thereafter, has come to commit the crime of this case; the defendant paid a considerable amount to the victim; the victim does not want the punishment of the defendant by agreement with the victim; the defendant has a number of criminal records, but there are no records of the same crime; the defendant did not have any record of the same crime; the defendant's mistake late; and all other circumstances leading to the sentencing conditions such as the defendant's age, sex, environment, family relation, etc. shall be considered to determine the punishment as above.