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(영문) 인천지방법원 2017.05.31 2017고단2918

재물손괴미수

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 27, 2017, the Defendant was sentenced to one year by imprisonment with prison labor for a crime of obstructing the performance of special official duties at the Incheon District Court, and the judgment became final and conclusive on May 5, 2017.

On March 17, 2017, around 12:16, the Defendant was considered to have failed to set up a victim D who parks a car in front of his residence in the front of the Defendant’s parking lot located in the Namdong-gu Incheon Metropolitan City, Incheon Metropolitan City, and tried to cut the car into the lower part of the Ei30 car, which is owned by the victim parked therein, but was found and attempted to break the car before the victim drives the car.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs;

1. Application of the investigative report (the head of a crime and the closure of a crime) Acts and subordinate statutes;

1. Relevant Article 371 of the Criminal Act, Articles 371 and 366 of the Criminal Act, and the choice of fines concerning the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 is not sufficient in light of the motive and method of the instant crime, and the victim is punished by the Defendant.

However, considering the favorable circumstances in which the defendant recognized and reflected the crime, the fact that the crime was committed and the result of damage was not caused by the attempted crime, the equity between the case where the judgment is rendered concurrently with the crime of obstructing the performance of special duties for which judgment became final and conclusive, and other conditions of sentencing, such as the defendant's age, sex, environment, and circumstances before and after the crime, shall be sentenced to a fine as ordered by the disposition.