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(영문) 춘천지방법원 2019.02.28 2018고단1265
특수재물손괴미수
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Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

The defendant is the victim B's relationship with the victim.

At around 03:10 on October 31, 2018, the Defendant tried to communicate with the victim in front of the parking lot, Hongcheon-gun, Hongcheon-gun apartment 1-2, Gangwon-do, but was rejected on the ground that he was rejected, and was on the floor and was parked with bricks (Garo 19cm, 9cm, 9cm in length, 5.5cm in thickness) on his hand, and was on the front window of the D option vehicle, which was owned by the victim, but was attempted without shouldering the above glass.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to 112 reported case lists, field photographs, and investigation reports (verification of the degree of damage);

1. Articles 371, 369 (1), and 366 of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment show the attitude that the defendant recognized his/her criminal act and seems to reflect, and the fact that the defendant agreed with the victim is favorable to the defendant.

However, the Defendant committed the instant crime even though he/she had been punished by a fine or a suspended sentence of imprisonment with labor due to violence, and attempted to destroy and damage property by using the brick, which is a dangerous object, is disadvantageous to the Defendant.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as

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