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(영문) 창원지방법원 진주지원 2020.05.12 2019고단1736
재물손괴
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On October 23, 2019, around 23:20 on October 23, 2019, the Defendant: (a) took a breath in the victim C’s house located in Sacheon-si B, and took a breath and enormous flag, and damaged that amounting to KRW 200,000,000, in total, of the repair cost by destroying it at the victim’s room glass.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on investigation (as to the checking part);

1. Application of statutes on site photographs;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 44-2(1) and (2) of the Medical Treatment and Custody, etc. Act, despite having been convicted of several violent crimes, is that the defendant again committed the instant crime, and that the risk of recidivism seems to be high.

However, the defendant's mistake is recognized, the defendant seems to have a habit of drinking alcohol drinking, and the crime of this case seems to have been committed due to aggressive inclinations that have been revealed in the state of drinking, the amount of damage is relatively minor and the victim expressed his/her intention not to be punished against the defendant, and other sentencing conditions, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc. as shown in the records and arguments in this case, shall be determined as per the disposition, and the probation and medical treatment order shall be imposed. Thus, the probation and medical treatment order shall be imposed.

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