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(영문) 서울동부지방법원 2017.12.20 2017고단2738

재물손괴

Text

A defendant shall be punished by a fine of three million won.

When the defendant does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

On August 9, 2017, the Defendant was sentenced to a suspended sentence of ten months for a crime of bodily injury in this court, and the Defendant appealed, but the Defendant was dismissed on November 30, 2017, and appealed.

On May 13, 2017, the Defendant: (a) around 22:13, 2017, the Defendant: (b) opened the entrance of the said Ba on more than twice the entrance to the front part of the said car; and (c) continuously damaged the said car to cover KRW 605,628,00,000 on the back part of the front part of the said car, on the ground that the Doccctrine owned by the victim C (n., 54 years old) was parked close to the above Doctrine.

On June 28, 2017, the Defendant: (a) around 23:00 on June 28, 2017, on the first floor parking lot of Songpa-gu Seoul Metropolitan Government B Multi-household Bail, the Defendant damaged the victim E’s f white flurg, which was parked without permission in the Defendant’s priority parking zone; and (b) on the ground that the victim E parked the victim’s flurgs of the victim’s flurg in the Defendant’s priority parking zone, the Defendant destroyed the flurged

Summary of Evidence

1. The confession of the defendant in court (the entire two cases);

1. Statement C and E:

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Each penal provision Article 366 of the Criminal Act and each selection of fines;

1. Articles 37 and 38 of the Criminal Act to increase concurrent crimes;

1. It is not the degree of choice of the imprisonment with prison labor in light of the nature of the crime of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention of the workhouse. Thus, the fine shall be selected.

A comprehensive consideration of the fact that E parks without permission in favorable circumstances, that E parks without permission, that is agreed with E, that the defendant's response is insufficient to recognize the problem of C parking, that is not compensated, that there are many same kinds of power, and that the defendant has flick tendency due to the decentralization control disorder, etc. shall be reflected in the amount of fine, in consideration of the fact that the defendant has fl