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(영문) 창원지방법원 2018.03.21 2018고정32

재물손괴

Text

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

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

Reasons

Punishment of the crime

around 00:25 on August 8, 2017, the Defendant: (a) without any particular reason, driven in the parking lot located in the Gu, Changwon-si, Changwon-si; (b) without any particular reason, destroyed the full-scale utility of the victims of the vehicle owned by the Defendant by E. B, E. B, which was parked in the parking lot using a wooden mon (total length of 65cm, 5cm in diameter, 5cm owned by the victim; (c) K-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-k-kn-kn-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D, F, H, J, L, N, or R;

1. A written statement of T/P;

1. Application of Acts and subordinate statutes to arrest flagrant offenders, report on investigation (limited to attachment of photographs of damaged vehicles), investigation reports (referring to submission of agreements, written estimates, etc. by the victims);

1. Relevant provisions of the Criminal Act and Article 366 of the Criminal Act concerning facts constituting a 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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are significantly high risk of violent performance of each of the instant crimes, and the scale of the damage is also small.

However, the defendant recognized the mistake and reflects it.

The victims do not want to punish the defendant.

Other circumstances, such as the age, sex, environment, background, circumstances after the crime, etc. of the defendant, shall be comprehensively considered, and the punishment shall be determined as per the order.