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(영문) 대전지방법원 2020.05.15 2020고정289
재물손괴미수등
Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 7, 2019, the Defendant: (a) around 09:43, around D Apartment E, a house of the victim C located in Daejeon Dong-gu, Daejeon; (b) on the ground that the victim did not leave the house, and (c) on the ground that the victim did not leave the house, the Defendant tried to openly insult the victim, and (d) attempted to damage the victim by using a bitle tool to damage the gate door of the above E using a bitle tool, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C Complaints;

1. Application of the current text photographs, CD-related Acts and subordinate statutes;

1. Relevant Article 371 of the Criminal Act, Article 376 of the Criminal Act, Article 366 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of two crimes is aggregated);

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a situation unfavorable to the defendant, such as: (a) the defendant tried to openly insult the victim in the process of resisting the victim by inter-floor noise problems, etc. in the lower floor; and (b) the nature of the crime is not good for attempted crimes; and (c) the fact that the defendant has raised a dispute for the reasons similar to the victim and has been punished as a assault.

On the other hand, the fact that the defendant is both aware of the crime of this case and is against the defendant, the defendant seems to have suffered severe stress and mental suffering due to the noise between floors on the new wall, and the fact that the defendant has no criminal record for the same kind of crime is favorable to the defendant.

In addition, the records and trials of this case, such as the defendant's age, character and conduct, environment, motive and means of the crime, and circumstances before and after the crime, are revealed.

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