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(영문) 제주지방법원 2016.07.20 2016고단885

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 2, 2014, the Defendant was sentenced to a suspended sentence of three years in one year and six months by obstructing the execution of special official duties by the Jeju District Court on May 2, 2014, and the said judgment becomes final and conclusive on May 10, 2014, and is currently under the grace period.

Criminal facts

On April 26, 2016, at around 01:37, the Defendant damaged the property of approximately KRW 50,000,000 of the market price due to the following reasons: (a) around 01:37, the Defendant: (b) around three main points of the C’s operation of the Victim C located in B 1st underground floor; (c) caused a large amount of disturbance, and (d) caused the disturbance to the customer, thereby impairing the Victim’s ownership; and (d) damaged the instant damages.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification to a department related to the reporting of 112 Incident, C’s written statement and field photographs;

1. Written estimate;

1. Previous convictions: Inquiries about criminal history, reporting of investigation (report of a copy of criminal judgment, etc.), reporting of the past convictions and reporting of the results of confirmation of such past convictions;

1. Relevant legal provisions and choice of punishment concerning facts constituting a crime: Article 366 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for not less than Article 334 (1) of the Criminal Procedure Act;

The circumstances favorable to the reasons for sentencing: The amount of damage is less than 50,000 won, the amount of punishment is less than 50,000 won, and the circumstances unfavorable to the person who is not subject to punishment ( April 26, 2016): 10 times