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(영문) 인천지방법원 2014.12.05 2014고정3815

재물손괴등

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

1. Around August 26, 2014, the Defendant: (a) 23:30 on August 26, 2014, in front of the C convenience store in Yeonsu-gu Incheon, Yeonsu-gu, Incheon; (b) under the influence of alcohol, she walked front of the said convenience store; (c) faced with the victim D(23 years of age) with the end of the Siban, she was sleeping the victim’s candle, and bucked

2. The Defendant damaged the property of the victim in such a manner that the victim E (the age of 23) taken the Defendant’s assault using a Handphone, and that the victim E (the age of 23) took the Defendant’s assault by cutting the victim’s Handphone, carried the victim’s Handphone, and broken the Handphone amount septic tank, thereby damaging the equipment of the victim in order to cover approximately KRW 140,000 for repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes concerning photographs and estimates related to victims taken by the dispatched police officer;

1. Article 260 (1) and Article 366 of the Criminal Act (the point of violence), the choice of a fine in regard to the relevant criminal facts, the choice of a fine;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The amount of fine determined by the summary order shall be reduced in consideration of the fact that 1.60,00 won has been paid to the victim E in the name of mobile phone repair cost for the sentencing reason of Article 334(1) of the Criminal Procedure