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(영문) 부산지방법원 동부지원 2016.10.10 2016고단868

특수재물손괴등

Text

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

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

Reasons

Punishment of the crime

1. On May 15, 2016, the Defendant: (a) destroyed special property damage: (b) around 01:25, the entrance was placed in the entrance of the entrance in favor of the victim, which is a dangerous object (20cm in total length) on the ground that the victim C does not open the main door before the main point of “D” operated by the victim C in Busan Shipping Daegu, Busan, and damaged the entrance so as to cover repair costs in the market.

2. In the date and time set forth in the above paragraph 1 above, the injured Defendant shouldered the entrance at the above location, and carried the fat of the victim E (the age of 38) into the above main point, and carried the fat of the victim E (the age of 38), and carried the victim’s face with drinking and hand-on, making it impossible for the victim to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of C and E;

1. Application of on-site photographs and Acts and subordinate statutes of violence compact;

1. Relevant Article 257 (1) of the Criminal Act and Article 369 (1) of the Criminal Act (the point of injury, the choice of fines) concerning criminal facts, the choice of punishment, and Article 257 (1) of the Criminal Act;

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

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

1. Although the criminal liability of the defendant for sentencing under Article 334(1) of the Criminal Procedure Act does not correspond to the punishment of the defendant under Article 334(1) of the Provisional Payment Order, the defendant's confession does not reach recidivism; the victim C expressed his/her intention not to have the defendant punished at an investigative agency; the victim's injury level is relatively minor; the defendant does not have the same criminal record and has no other criminal record except once a fine; the defendant's age, occupation, family relationship, and motive for the crime are determined as ordered in consideration of all the normal materials revealed in the trial process, such as the defendant's age