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(영문) 광주지방법원 2017.06.01 2017고정566
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant and B, from around 01:00 on January 24, 2017 to 02:00 on the same day, around 52:00 on the same day, e.g., the victim C (the 52-year-old age) with the first floor of the Esing practice site 5, south-gu, Gwangju, in the course of a dispute, in which they were drunkly in the first floor of the Esing practice site in the south-gu, Gwangju, Seoul, by throwing a beer disease on the floor, throw off the beer and the table, throw down a string and the string of TV monitors, and cut down the string and the string of TV monitors.

As a result, the defendant and B jointly damaged TV monitors equivalent to 150,000 won in the market price owned by the victim, and damaged the tables equivalent to 20,000 won in the market price, and at the same time interfered with the singing operation of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the written estimate for damage;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Articles 314 (1) and 313 of the Criminal Act concerning a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Although the nature of the crime is not good in light of the purpose of sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the instant case, considering favorable circumstances, such as the fact that the Defendant reflects the crime, the fact that the victim does not want punishment upon agreement with the victim, etc. In addition, considering the Defendant’s age, sexual conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, the punishment is determined as ordered by taking into account all factors of sentencing as indicated in the instant argument.

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