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(영문) 대전지방법원 2017.09.29 2017고단2523
재물손괴
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 12, 2016, the Defendant was sentenced to a suspended sentence of four months of imprisonment for a crime of fraud at the Daejeon District Court on April 12, 2016, and the judgment became final and conclusive on October 20, 2016, and is still under the suspended sentence.

At around 00:40 on May 5, 2017, the Defendant: (a) operated by the Victim C in Sejong-si B, the Defendant attempted to operate a parking lot by driving a vehicle owned by the Defendant, which was parked in the said parking lot; (b) however, the Defendant destroyed the blocking device in front and rear by plucking up the blocking device, so that the repair cost equivalent to KRW 605,00,000, is equal to KRW 605,000.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Circumstances unfavorable to the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant has been subject to punishment several times for past violent crimes, and circumstances favorable toO during the suspended execution period: The defendant confessions and reflects the instant crime, and remitted KRW 50,00 to the victim;

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