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(영문) 대전지방법원 공주지원 2018.01.19 2017고단317
특수재물손괴
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On August 22, 2017, at around 06:30, the Defendant: (a) sought to extend singing hours from two music clubs operated by the victim C, which were operated by the victim C, but the Defendant sought from the injured party that the hours of singing cannot be extended due to the expiration of singinging hours; (b) he was placed in a singing monitor, such as beer, microphones, etc., which are dangerous objects on the table, and damaged the market price of KRW 700,00 by singing one monitor at a level of KRW 300,000 at the market price.

2. On August 22, 2017, at around 06:58, the Defendant: (a) set aside the disturbance at the singing club, such as the above paragraph (a), and then destroyed the said vehicle to ensure that the amount equivalent to KRW 970,000 for the repair cost, the Defendant got out of the singing club, and then parked with the victim’s EK5 vehicle volume.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or C;

1. Each internal investigation report and each investigation report;

1. Application of the Acts and subordinate statutes governing receipts, estimates, the site photographs of the case, and the sing clubs CCTVs;

1. Relevant Article 369 (1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines for the 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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the criminal records of the same kind, the punishment of each of the instant crimes is required during the period of suspension of execution, but confessions, depth and reflects in depth, and efforts are made to avoid reoffending, such as receiving treatment for alcohol addiction and depression, and the smooth agreement with the victims are taken into account.

There are various circumstances such as the defendant's age, sex, family environment, background of the crime, and circumstances after the crime.

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