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(영문) 서울서부지방법원 2018.12.07 2018고단2910
재물손괴
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 8, 2018, the Defendant: (a) around 14:20 on August 14:20, 2018, entered the Mapo-gu Seoul Metropolitan Government, and (b) was pointed out from other senior citizens, including the victim D, on the ground that he was under the influence of alcohol and went to the inner state, and damaged the floor by cutting down the plastic chairs at the market at the entrance of the elderly.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

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. The circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order reflects mistakes, the damage was not recovered, the fact that the amount of damage was less than the amount of damage was sentenced on December 14, 2017, and the enforcement thereof was terminated on April 11, 2018, and was committed during the repeated crime period. On October 14, 2015, the crime was committed under the Act on the Aggravated Punishment, etc. of Specific Crimes committed on October 14, 2015. Since C older persons, the place for the instant crime, are places where the Defendant was sentenced to imprisonment on August 8, 2015, it appears that the motive for the crime was defective, taking into account all the circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances.

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