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(영문) 부산지방법원 2017.09.13 2017고단3966

특수재물손괴

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On July 27, 2017, the Defendant, at around 21:47, 2017, drinked alcohol in the forepart of the victim C (n, 57 years of age) located in Busan, Jin-gu B, Busan, and sought to calculate the value of the subject-matter to the victim as calculated in accordance with the calculation within the aforesaid marina, but was already calculated from the injured party, seeing the answer, the Defendant: (a) was on the top of the mat, before the above mat, who was aware that the injured party was already calculated; (b) was humped to the entrance glass wall ( approximately 1m in width, approximately 2m in length) of the mat, which was collected to the extent that the repair cost was 150,00 won.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 369 (1) and 366 of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act reflects the Defendant’s depth in committing the crime. The scope of damage in this case is not much severe, and the victim is not subject to the Defendant’s punishment in agreement with the victim, and the victim is also not subject to the Defendant’s age, sex, environment, background leading up to committing the crime, method and method of the crime, result, etc., the punishment as set forth in the order shall be determined by taking into account the following factors: