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(영문) 대구지방법원 경주지원 2015.10.29 2015고단523

재물손괴

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On May 9, 2015, the defendant, around 19:30 on May 19, 2015, had money to receive from the husband of the above company's representative before the D office operated by the victim C, and found the money. However, as the defendant did not reach the bar, he destroyed and damaged the victim's market price by 200,000 won of double-refilled glass window.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to a criminal investigation report, investigation report, and written estimate to be attached;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant committed the instant crime during the period of repeated offense.

However, the circumstances leading to the instant crime are considered.

The punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the records of this case, such as the actual victim's age, character and conduct, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime.