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(영문) 대구지방법원 2018.02.28 2017고단6717

재물손괴등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On October 28, 2017, around 04:50, the Defendant damaged that amounting to KRW 48,000 for repairing costs by putting a cover covering the protection of plastic materials, which is owned by the victim C apartment management complaint D, installed at the same time under the influence of alcohol, at the entrance of the first floor of the 203 apartment complex at Gyeongdo-si, Gyeongsan-do, Gyeongdo-do.

2. The Defendant publicly obscenity committed an obscene act, such as throwing up three apartment residents E, etc., in front of being viewed as having exceeded all clothes under the influence of alcohol and exposing about one hour, at the same time and place as indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to photographs by taking on-site photographs, estimates, or closures;

1. Article 366 of the Criminal Act and Article 245 of the Criminal Act concerning facts constituting an offense (a point of damage to property) under the relevant Act;

1. Selection of each alternative fine for 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act, based on the fact that the defendant is the primary offender, the fact that the defendant agreed with the victim of the crime of damage to property, and other circumstances of sentencing indicated in the records, such as the defendant's age, sex, criminal conduct, environment, motive for and circumstances after the crime, etc., shall be determined as ordered.