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(영문) 대구지방법원 의성지원 2016.10.20 2016고단171

재물손괴등

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

On August 8, 2016, at around 00:30, the Defendant: (a) requested a victim under the influence of alcohol to key a passenger car at the D main point operated by the Victim C (FF) who is located in B of the Cheongsong-gun, Cheongsong-gun; (b) however, on the ground that the victim refused to do so, the Defendant assaulted the victim by destroying 7 bed and destroying seven bed and 7 bed the sum of the market value of the victim’s possession on the face of the headline, which was located on the face of the headline, and assaulted the victim by gathering the empty bed and the empty bed disease, which is a dangerous object, toward the side of the victim.

Accordingly, the defendant damaged the property owned by the victim and assaulted the victim by carrying dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim C;

1. Family relation certificate:

1. Application of Acts and subordinate statutes on site photographs of the D main points;

1. Relevant provisions of the Criminal Act and Article 366 of the Criminal Act that apply to the crime, the choice of punishment, and Articles 261 and 260 (1) of the Criminal Act (the point of special violence and the selection of fines);

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

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

1. In full view of all the circumstances, such as the Defendant’s age, character and conduct, the background and motive leading up to the instant crime, and the circumstances before and after the instant crime, the sentence as indicated in the text shall be determined by comprehensively taking account of the following factors: (a) the Defendant’s prior conviction for the sentencing of Article 334(1) of the Criminal Procedure Act two times is unfavorable; (b) the Defendant acknowledges and reflects his mistake; (c) the amount of damage resulting from the crime of causing property damage and damage is not large; and (d) the victim does not want punishment under the agreement with the Defendant;