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(영문) 의정부지방법원 2017.10.19 2017고정1728

재물손괴

Text

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

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

Reasons

Punishment of the crime

On May 25, 2017, around 01:10, the Defendant: (a) caused the Victim C (61) who is a substitute driver on the street B in front of the Government-si, and (b) caused the damage of the victim’s property by reducing 5 mobile phones from the market price of the victim’s ownership, which is equivalent to 1.5 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in C, written statements prepared by the police prepared in relation to C, the upper part and the photographic damage of Handphones; and

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 as follows: (a) the Defendant recognized the criminal facts of this case and reflects his mistake; and (b) the Defendant paid KRW 1 million to the victim and agreed smoothly with the victim are recognized as the circumstances favorable to the Defendant.

However, the crime of this case, where the defendant laid cellular phone owned by the victim as proxy driving engineer, was destroyed, is not less than the nature of the crime in light of the contents and methods of the crime, and has the records of having been punished several times due to violent crimes, etc., the general amount of punishment in the same and similar cases, balance of the punishment, and other various circumstances, including the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime of this case, the circumstances after the crime, criminal records, family relations, economic circumstances, etc., which are the conditions for the punishment of this case, shall be determined as per the order.