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(영문) 춘천지방법원 속초지원 2017.07.26 2017고단229

특수재물손괴

Text

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

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

Reasons

Punishment of the crime

1. On April 25, 2017, around 09:30 on April 25, 2017, the Defendant: (a) was a vehicle living together with D, a woman living together, and damaged the victim E, the owner of the said residence, by gathering a misunderstanding, which is a dangerous object, while engaging in the said D-D dispute; and (b) breaking the entrance glass and the entrance glass.

2. The Defendant, at around 19:15 on the same day, re-influenced the brick, which is a dangerous object in the vicinity of the said D at the same place, and strings the toilet glass, and damaged the property owned by the victim by cutting off TV cable lines installed in a dulled rice string.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police preparation with respect to F;

1. Investigation report (the correction of a victim or the re-recording of a glass window damaged by the victim);

1. Application of statutes on site photographs;

1. Relevant Article 369 of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the facts constituting an offense, as well as the choice of punishment;

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. The sentencing conditions under Article 334(1) of the Criminal Procedure Act include the following circumstances and the defendant’s age, sex, environment, circumstances, means and results of the crime, and the circumstances after the crime, etc., shall be determined as ordered by the Criminal Procedure Act.

The Defendant recognized all of the crimes of this case and reflected his mistake.

It did not focus on the degree of damage caused by the instant case, and agreed with the victim.

The defendant seems to have been detained for about two months in the instant case, and the time of reflectability seems to have been certain time.