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(영문) 광주지방법원 목포지원 2018.10.15 2018고단433

재물손괴

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

around 02:00 on April 8, 2018, the Defendant destroyed the victim’s 2th floor in the Southern-gun B2, the victim’s operation “D” house, while drinking alcohol together with his and her daily behaviors, shicking the beer’s disease on his and her hand, and hacking the beer’s disease on his and her face, and hacking the air conditioning, which was installed at his and her seat, and hacking the water to the extent that the repair cost would amount to approximately KRW 400,000,000,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on occurrence of the case and the application of the Acts and subordinate statutes related to the case;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The severity and method of the instant crime, and recent violent criminal records and relationships, etc. do not seem to be somewhat weak in light of the nature of the crime.

The favorable circumstances reflect in depth the mistake, and the damage seems to be relatively minor.

With the smooth agreement with the victim, the injured party wishes to take the defendant's wife.

There is no record of punishment, except for those subject to punishment for minor fines twice.

Determination of sentence: Determination of sentence shall be made in full taking into account all such circumstances as the above circumstances and the defendant's age, sex, career, home environment, motive and means of the crime, and circumstances that are the conditions of sentencing as shown in the pleadings of this case, including the circumstances after the crime.