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(영문) 인천지방법원 2015.04.01 2015고단86
재물손괴
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 17, 2014, at around 10:00, the Defendant: (a) unloaded the cargo front of the E-mail vehicle, front door, liverer, and the part of the tower, etc. owned by the victim D, who was parked there, for drinking alcohol in front of Jung-gu Incheon Metropolitan City, on the ground that it is bad to drink alcohol in front of Jung-gu, Incheon, and caused damage to the repair cost of KRW 6,154,674.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the written estimate for damaged vehicles;

1. Article 366 of the Criminal Act and the choice of fines concerning the facts constituting the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the case where the vehicle is damaged by using the goods, and the form of crime is not good.

On the other hand, this case is seriously against contingent crimes, such as recovering damage, and the victim does not want the punishment of the defendant.

In addition, the Defendant is deemed to have committed the instant crime under the influence of alcohol, and the Defendant is making concrete efforts to prevent recidivism, such as receiving hospitalized treatment for three months to improve the symptoms of alcohol addiction after the instant case.

Therefore, the punishment is determined as ordered.

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