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(영문) 서울남부지방법원 2016.10.21 2016고단3907

재물손괴

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On April 27, 2016, in front of the building located in Seo-gu Incheon, Seo-gu, Incheon, around 21:30 on April 27, 2016, the Defendant destroyed the gallon 4 smartphone 1,10,000 won in the market price of the victim who was in the city with the victim C and the purchase and sale price of smartphones for the use of heavy and high smartphones.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. A report on internal investigation:

1. A report on investigation (or a relative investigation of a victim);

1. Report of investigation (it is impossible to investigate the accused);

1. The defendant asserts that the smartphone in this case was damaged only by a scarcity disorder and did not intentionally throw off the smartphone. However, according to each of the above evidence, the defendant's application of the law is recognized in full view of the fact that the defendant was laid on the floor of the smartphone in this case and taken out the smartphone, the fact that the defendant was damaged, such as taking the surface of the smartphone, and taking account of other damage parts, degree, damage status, etc., such as the defendant's facts stated in the facts constituting the crime in the judgment.)

1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act concerning the crime (the point of causing property damage and the choice of fines);

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has been punished several times for violent crimes against the defendant, there are several favorable circumstances for the defendant, such as the fact that the victim expressed his/her intention that he/she does not want the punishment against the defendant by mutual consent with the victim during the instant trial, the occurrence of disputes over the liquid situation of smartphones in this case is likely to lead to an contingent crime, and other conditions for sentencing as shown in the records and arguments of this case, such as the amount of damage, degree and result of damage, method and consequence of the crime, circumstances after the crime, Defendant's age