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(영문) 대구지방법원 서부지원 2017.12.12 2016고단2809

재물손괴

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 November 6, 2016, the Defendant: (a) at the street store operated by the victim D in front of the Seo-gu, Daegu-gu, Daegu-gu, on November 18:35, 2016, the Defendant: (b) was under the influence of alcohol, and caused the damage to the parts adjacent to the said two-dynamics by gathering one of the two-way plastic materials, the market price of which is equivalent to KRW 10,000, the victim’s ownership, on the floor.

On March 14, 2017, the Defendant: (a) reported the victim G (43 tax) from locked tobacco in front of the F cafeteria located in Seo-gu, Daegu, Seo-gu, Daegu on March 14, 2017; and (b) used the victim’s breath’s flaps around the victim’s flaps; and (c) assaulted the victim at once the victim’s right eye by drinking.

Summary of Evidence

"2016 Highest 2809"

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. On-site photographs "2017 Highest 2885";

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, and the selection of each fine for the crime;

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. In light of the fact that the criminal records of the same kind of sentencing under Article 334(1) of the Criminal Procedure Act are majority of the criminal records of the provisional payment order, or that the defendant recognized the defendant's wrong facts in this court and repents them, the amount of damage from the crime of damage to property is not large, and the degree of exercising force of assault is not much serious, and that the victim of the crime of damage to property does not want the defendant's punishment, and that the defendant seems to have committed time to reflect the defendant's wrong living due to detention.