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(영문) 대구지방법원 서부지원 2015.05.22 2015고단436

재물손괴

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On October 14, 2014, the Defendant was punished by a fine due to obstruction of business, etc. at the Seobu branch of the Daegu District Court on January 12, 2015. On October 14, 2015, the Defendant was sentenced to punishment due to the victim’s injury, and was sentenced to punishment due to the injury.

1. On January 28, 2015, the Defendant: (a) obstructed the “C pharmacy” way in the operation of the victim in Daegu-gu, Seo-gu, Daegu-gu; (b) opened the gate of the above pharmacy in his/her hand, and opened the automatic door pressing attached to the door door by stopping at the entrance of the above pharmacy, thereby destroying the victim’s property so that the repair cost of KRW 187,000 is exceeded.

2. On March 11, 2015, at around 06:57, the Defendant ceased in front of the pertinent C pharmacy in the operation of the victim, and opened the automatic door pressing attached on the door of the pharmacy in his/her hand, and then damaged the victim’s property so that the repair cost would amount to KRW 187,000.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the relevant Acts and subordinate statutes to an automatic pressing repair estimate;

1. Article 366 of the Criminal Act and Article 366 of the same Act concerning the applicable criminal facts and the choice 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. The defendant's crime of this case with the reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is a crime that damages the victim's property at least twice again, and the nature of the crime is not good, but confession and reflects, and agreement is reached with the victim.