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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
1. On June 22, 2016, the first criminal defendant destroyed the free will of the front entrance of the victim C located in Nam-gu, Nam-gu, Nam-gu, Seoul, the market price equivalent to KRW 17,500, by exposing the glass of the front entrance, on the ground that the victim C does not open the door at around 15:15 at the port.
2. On June 22, 2016, the second criminal defendant destroyed the free will equivalent to KRW 17,500 at the market price by cutting off the door door glass, on the ground that he reported to the police at the victim’s residence around 16:30 on June 22, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A report on internal investigation (a photograph of damage taken at the scene);
1. Application of Acts and subordinate statutes to each investigation report (related to attachment of a quotation; relating to calculation of the estimated damage from the front of the entrance and the rear glass);
1. Article 366 of the Criminal Act, the choice of a fine, and the choice of a fine for the crime;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment determined for damage to property due to a secondary crime, heavier punishment);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The following factors are considered: (a) repeatedly committed crimes; (b) the Defendant committed crimes; (c) there are many records of punishment including suspended sentence due to violent crimes; and (d) each of the crimes of this case also committed crimes of this case, which are favorable to the fact that the amount of damage is minor; (c) the victim reimburses and agrees to compensate for the damage; (d) the victim is against the mistake while recognizing the crimes; and (e) the various factors of sentencing indicated in the records such as Defendant’s age, sexual conduct, environment, and conditions before and after the crimes, other than the aforementioned circumstances.