beta
(영문) 부산지방법원 동부지원 2017.04.12 2017고단292

재물손괴

Text

A fine of two 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 February 15, 2017, the Defendant was sentenced to eight months of imprisonment for special assault, etc. at the Busan District Court, and the judgment became final and conclusive on March 15, 2017.

At around 05:40 on January 8, 2017, the Defendant, along with D’s house located in the Southern-gu Busan Metropolitan City C2, returned alcohol to the Defendant’s house located in the first floor by drinking alcohol with D, D, F, and then returned the disturbance to D’s house at D’s recommendation, and then damaged D’s door door door so that it can amount to 20,000 won for repair cost twice by generating the door.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation, on-site damage photographs;

1. Previous convictions: Inquiry about criminal history and application of the Acts and subordinate statutes on case search;

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

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (limited to the crimes above and special violence, etc. for which judgment has become final and conclusive);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the instant crime was committed during the period of repeated crime, and the nature of such crime is not good, and that the Defendant can have the same criminal records.

However, there are more favorable circumstances, such as the fact that the defendant recognized the facts charged and seriously reflects the defendant, that the degree of damage is not much serious, that the defendant's son's children, that the lessee has reached an excessive agreement with D, that the defendant should consider the equity between the case and the case where he received a trial at the same time after Article 37 of the Criminal Act.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Property damage group: Damage crime.