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(영문) 인천지방법원 2018.03.08 2017고단8602

특수재물손괴등

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

1. A property damage Defendant: (a) around October 29, 2017, around 03:46, the Defendant: (b) opened a singing door opposite to the entrance of the entrance of the entrance; (c) destroyed the floor by leaving the singing door in the Fsing room operated by the victim E in Nam-gu Incheon Metropolitan City, on the ground that the victim’s disregarded his/her speech, and then damaged the floor by cutting down the 36,000 won of the market price, which was installed at the entrance of the entrance; and (d) broken down the floor by walking down the s

2. From October 29, 2017, around 03:46, the Defendant: (a) destroyed the victim E-owned by four times, which was parked in the front route of the Seoul Southern-gu Incheon Metropolitan City, with a hack pipe (a hackra stud) that is a dangerous object of the G K5 car, and damaged the repair cost of KRW 2.90,000.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification of a photograph of damaged articles and a department related to the report of 112 case;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 366 of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act, the choice of fines for the crime, the choice of punishment, and the choice of fines;

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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant had been punished twice for the same crime prior to the previous time, the crime of this case is not good, the victim and the victim have agreed smoothly with the victim, and the defendant wanting to have his wife against the defendant, and the fact that the defendant committed each of the crimes of this case and his mistake is divided in favor of the defendant, the defendant's age, sexual behavior, environment, motive and means of the crime, result, etc. are considered as favorable circumstances. It is so decided as per Disposition by taking into account all of the sentencing factors shown in the arguments of this case, such as the defendant's age, sexual behavior, environment, motive and means of the crime, and the circumstances after the crime.