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(영문) 전주지방법원 2018.01.22 2017고단2161

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, who operates convenience points in North Korea-gun B, committed noise caused by construction works at the site of electric source housing located in the neighboring area, and was willing to remove the victims' vehicles from the construction site and damage them at the construction site.

On September 18, 2017, around 09:50 on September 18, 2017, the Defendant: (a) laid down one 180,000 won at the market price of the Dives in the vicinity of the construction site of electric power supply housing located in B; (b) one of the market price of the Victim E owned by the Victim E; (c) one of the 200,000 won at the market price of the Victim HW vehicle; (d) one of the 120,000 won at the market price of the Victim HW vehicle owned by the Victim; and (e) one of the 230,000 won at the market price of the vehicle owned by the Victim I, respectively.

Accordingly, the defendant carried dangerous articles and damaged the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, E, G, and I;

1. Application of the statutes on the scene of crime, instrument of crime, and photograph of damaged vehicles;

1. Relevant Article 369 of the Criminal Act concerning the facts constituting a crime and Article 369 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which damages four vehicles using dangerous things, is not good in the nature of the crime. However, under the influence of alcohol as a noise at the construction site, the defendant is guilty of the crime of this case; the defendant recognizes his mistake and reflects it; the defendant immediately agreed with the victims after the crime; the records of the crime of the same kind and quality are only one fine for a long time, and the defendant's age, character, environment, etc. shall be punished by a fine.