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(영문) 광주지방법원 목포지원 2016.06.02 2015고단1396
특수재물손괴등
Text

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

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

Reasons

Punishment of the crime

1. On July 19, 2015, around 03:50 on July 19, 2015, the Defendant: (a) under the influence of alcohol from EPC operated by the victim D, Yong-gun, Yong-gun, the Defendant, without any justifiable reason, destroyed the victim’s property so as to have approximately KRW 100,000 of the repair cost, and thereby, damaged the victim’s property so as to have a signboard installed on the wall with an automatic stamping location and an automatic strawing of the stop.

2. On July 19, 2015, the Defendant, at around 03:55, destroyed the victim’s property so that, under the influence of alcohol, the h’s drinking house entrance operated by the victim G in Young-gun F, Nam-gun, the Defendant destroyed the victim’s property to have approximately KRW 300,000,000 of the repair cost by shouldering it with bricks, which are dangerous objects without any justifiable reason.

3. Around 04:00 on July 19, 2015, the Defendant damaged the victim’s property so that the repair cost would be approximately KRW 50,000,000,000, to the extent that the Defendant damaged the victim’s property owned by the victim’s KTing CTW (ju) branch, which is a dangerous object of public telephone incidental glass.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to I, G, and D;

1. Written Statement;

1. Application of each statute on photographs;

1. Article 369(1) and 366 of the Criminal Act, the applicable law of criminal facts, the choice of punishment, and the choice of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime during the period of repeated crimes, shall be punished by a fine in consideration of the favorable circumstances shown in the pleadings, such as the circumstances unfavorable to him/her, the degree of damage, the compensation for all damages, the receipt of a letter from the victims, and the fact that the Defendant reflects the wrong, etc.

The acquittal portion

1. The summary of the facts charged (a special structure intrusion) is as follows: The defendant's business is terminated at the Ma amusement shop operated by the victim L in the South Yong-gun K on July 19, 2015 at around 04:10, which is operated by the victim L in the South Yong-gun K.

The entrance was set off, but it was above.

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