beta
(영문) 창원지방법원 마산지원 2018.03.09 2018고단74

특수재물손괴

Text

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

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

Reasons

Punishment of the crime

On July 21, 2017, the Defendant was sentenced to a suspended sentence of three years on July 21, 2017 to imprisonment with prison labor for the purpose of destroying the present main building or extinguishing the fire in the Changwon District Court, and on July 29, 2017, the Defendant is currently under the suspended sentence.

On December 23, 2017, the Defendant: (a) around 06:30 on December 23, 2017, 206: (b) at the “Ocomter operated by the victim D, who is a member of Changwon-si, Changwon-si, a fire extinguisher, which is a dangerous object that had been kept in the corridor at any place without any justifiable reason while drinking, was loaded, and was accompanied by the loss of the Kabter’s 45,000 won at the market price, which is owned by the victim; (c) the said fire extinguisher was laid into the Kabter, and broken off the glass of the 40,000 won at the market price of the victim’s possession.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the written estimate statutes;

1. Article 369(1) and Article 366 of the Criminal Act concerning the facts constituting an offense, Article 366 of the same Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are as follows: although the defendant committed the crime of this case during the period of probation, he committed the crime of this case; however, even though he committed the crime of this case during the period of probation; the victim and the injured person agreed smoothly with the victim are the defendant's wife; the degree of damage is not serious; the defendant's age, circumstances of the crime, health conditions, etc. are considered.