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(영문) 광주지방법원 2018.04.12 2017고단5064
특수재물손괴등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has weak ability to discern things or make decisions due to stimulative disorder, etc.

1. The Defendant damaged special property: around 10:01 on September 14, 201, at the E hospital parking lot operated by Seo-gu Seoul victims D, Seo-gu, Gwangju, and parked there.

F. A parking circuit installed at the entrance of the place was received from parking personnel due to the defect about to leave the above parking lot by driving a rocketing car, or the fact that it was not sealed on the parking certificate, and the parking circuit installed at the entrance of the place was received in front of the said car.

As a result, the defendant carried a dangerous object, and destroyed the above parking blocking machine, which is owned by the victim, to be KRW 550,000.

2. On September 14, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Compensation Insurance Act, driving a F rocketing car without mandatory insurance on the front of the hospital located in Gwangju Seo-gu, Seo-gu, Gwangju, without obtaining a driver’s license.

Summary of Evidence

1. Each statement of G and H in the second public trial records;

1. A traffic accident report;

1. Investigation report (specific as victims of property damage);

1. The driver's license ledger;

1. Inquiries into teas, inquiries into mandatory insurance, and inquiries into mandatory insurance contracts;

1. Records upon request for cooperation in investigation;

1. Written estimate;

1. Application of the statutes governing traffic accident-related photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 369(1) and 366 of the Criminal Act that choose a sentence, Article 46(2)2, the main sentence of Article 8 of the Guarantee of Automobile Damage Compensation Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act, and each of fines;

1. Fully taking account of Articles 10(2) and 55(1)6 of the Criminal Act regarding mitigation of mental and physical weakness (a) of the Criminal Act (a judgment of suspended execution against the Defendant, a medical certificate submitted by the Defendant, a certificate of disabled persons, the course and method of the instant crime, and the attitude and content of the Defendant’s statement in this Court.

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