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(영문) 의정부지방법원 2020.08.19 2020고단1902

특수재물손괴

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

The defendant is the father of the victim B.

피고인은 2020. 1. 25. 02:25경 구리시 C에 있는 피해자의 집 앞에서 위험한 물건인 돌(가로 약 9cm, 세로 약 9cm, 높이 약 5.5cm)로 피해자의 집 현관문의 도어락과 손잡이를 수회 내리쳐 도어락의 표면이 벗겨지고 위치를 비뚤어지게 하고, 손잡이를 부숴트리는 등 수리비 합계 약 34만 원이 들도록 출입문 도어락 및 손잡이를 손괴하였다.

Summary of Evidence

1. Written statement of the defendant;

1. Application of Acts and subordinate statutes on the list of 112 reported cases of field photographs;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of punishment;

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 with regard to the provisional payment order was that the defendant, who was a pro-child, lost his will and knife the victim's knife and damaged it.

In the light of the method of crime, the circumstances of crime, etc., the issue is not easy.

However, the victim does not want the punishment of the defendant, and the defendant does not have any record of criminal punishment before the crime of this case.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, family relations, motive and means of a crime, circumstances after a crime, etc. and various sentencing conditions shown in the records and pleadings of the case.