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(영문) 수원지방법원 2017.04.26 2016고단7310
재물손괴등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On November 13, 2016, the Defendant damaged property: (a) was driven by the victim D without any particular reason in front of the right line C in Suwon-si, Suwon-si, Suwon-si; (b) around 16:45;

E Costone Star Motor Vehicle's back part was walking with the back part of the E Cost, thereby damaging the amount of the vehicle so that it can be repaired.

2. A special assault: (a) the victim F (32) who was going in company with the said Lone Star, at the same time and at a place as set forth in paragraph (1) of this Article, was walking the victim F (32) at several times due to the defect reported in 112 on the damaged vehicle’s face; (b) the victim F (103 cm in length) was flick (103 cm), which is a dangerous object that was in possession of the victim’s face, and assault the victim F (45 cm in number); and (c) the victim D (45) continued to stop his face and body; and (d) the victim D (45) was walking the victim D’s face at one time due to drinking the victim D’s face; and (d) the victim’s flick machine was flick.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared D and F;

1. Application of internal investigation reports and field photographs-related Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, Articles 261 and 260 (1) (a point of special assault) of the Criminal Act and the selection of fines for the crime;

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. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [The defendant and his defense counsel asserted that the crime of this case was committed in a state of mental and physical weakness, but according to the records of this case, it is insufficient to view that the defendant did not have or lacks the ability to discern things at the time of the above crime, so the above assertion by the defendant and his defense counsel cannot be accepted.]

The reason for sentencing has no past record of being sentenced to suspension of qualification or heavier punishment, and there are circumstances that can consider the mental health of the defendant.

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