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수원지방법원 성남지원 2014.08.21 2014고단1204

재물손괴등

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

Criminal facts

On May 21, 2014, the Defendant is a person who was sentenced to two years of suspension of execution in August 21, 2014 to imprisonment with labor for the crime of interference with business, etc. at the Sungwon District Court Sungnam branch

At around 20:20 on April 28, 2014, the Defendant: (a) driven the Defendant’s vehicle on the front side of the branch of Sungnam-si, Sungnam-si, on the ground that the victim D, a substitute driver, did not drive the Defendant’s vehicle as the Defendant’s desired route to the front road of the destination C, the destination; (b) continued to take the victim, who was at the driver’s seat from the vehicle, her hand, her bat the victim’s bat with his her bat, and her batch, and followed the victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant statutory provisions for criminal facts, Article 366 of the Criminal Act of the choice of a fine, the selection of a fine [to be selected by a fine in consideration of the following: (a) there are unfavorable circumstances: (b) the defendant is not familiar with being tried for committing a crime as stated in the first head of the criminal facts as indicated in the judgment of the court; (c) the criminal facts of this case are committed in the same manner; and (d) the criminal records of this case are possible; and (e) the division of probation prior to the suspension of execution is three times (one time in the same kind and two times in the same kind); (b) the victim does not want punishment against

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged in the instant case is the date and place indicated in the facts charged in the judgment of the Defendant, and for the reasons as indicated in its reasoning, the summary of the assault was as follows: “The victim, who was driven on a vehicle, was frighted from the vehicle, was frightened and frighted to bat the victim’s bat at his own hand, and fatd the victim’s back head at one time by drinking.”

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