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(영문) 광주지방법원 2014.01.07 2013고정2169
재물손괴
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 06:40 on July 24, 2013, the Defendant: (a) entered the Gwangju Dong-gu BG Do-gu, a residential area; (b) however, (c) the Defendant, who was parked in front of the Dong-gu, and was parked in front of the Dong-gu, without opening the door, went through the guard of the D passenger car owned by the victim C(29 years of age) who was parked in front of the residential space; (d) the knick gas pipe was dried up to three times; and (e) the Defendant damaged the property of the amount of KRW 449,533,00,

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the defendant under the influence of alcohol damages another person's property, and that the defendant was under the suspension of execution due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.). However, although the nature of the crime of the defendant is somewhat weak, the defendant recognized his/her mistake and reflects it, the defendant has no criminal record other than once the suspended execution, and the defendant seems to have remitted 50,000 won equivalent to the estimated amount to the victim for the recovery of damage. In addition, the defendant's remittance of the amount of 50,000 won equivalent to the estimated amount to the victim shall be sentenced to a fine in the same amount as the order by taking into account all the factors such as the motive, means and result of the crime in this case

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