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(영문) 대구지방법원 서부지원 2018.02.07 2017고단1186

특수재물손괴

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years on October 21, 2016, for a special intimidation in the Seo-gu District Court Branch Branch of the Daegu District Court on October 13, 2016, and was finally and conclusively sentenced to a suspended sentence.

[Criminal facts] On May 4, 2017, the Defendant: (a) on the front road of Daegu-gu, Daegu-gu, Seoul-gu; (b) on the ground that the Defendant’s engine noise of the EE X-gu car, the victim parked therein, is flicking; and (c) on the ground that the Defendant’s vehicle noise is flicking.

It shall be incidental to vehicle.

The passenger car was damaged by 365,209 won as repair cost by putting the watch of the car as "(30 cm in total length), which is an object dangerous to the hand (30 cm in length) and putting the watch of the car in two times, thereby destroying the car in excess of 365,209 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs of damaged vehicles, photograph of suspect being used, and written estimate of vehicles;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and investigation report-related Acts and subordinate statutes;

1. Determination of fines, Article 369(1) and Article 366 of the Criminal Act, Article 366 of the relevant Act, as to the facts constituting the crime (the amount of fines shall be determined, in consideration of the following: although the defendant committed the crime of this case during the period of probation, he/she recovered the damage to the victim; he/she was smoothly agreed with the victim; and he/she was in violation of depth while committing the crime of this case

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;