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(영문) 청주지방법원 영동지원 2016.08.25 2016고단40
재물손괴
Text

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

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

Reasons

Punishment of the crime

On March 19, 2016, the Defendant: (a) around 19:20 on March 19, 2016, at a mutually named restaurant “C” located in Chungcheongnam-dong B, Chungcheongnam-do; (b) released drinking to the Defendant, who was the victim D, who was the owner of the business at the place, found the above restaurant due to drinking alcohol; and (c) released the entrance door to the restaurant without selling it; and (d) released the entrance door to the locked, thereby damaging the door door by placing it out of the above restaurant, thereby damaging the door door amounting to 30,00 won at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on repair cost receipts;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which was already punished as violent crime, was already committed by the Defendant, and the period of repeated crime was committed. However, the Defendant committed the instant crime without being able to do so.

In addition, prior to the crime of this case, the defendant was punished on three occasions by the crime of violence, four times by fine, and one time by the crime of obstructing the performance of official duties, and there was a record of being punished by the suspension of execution two times by imprisonment and a number of fines for other crimes.

On the other hand, on the other hand, the defendant's attitude to recognize the crime of this case and repent his mistake is shown.

In addition, the defendant seems to have reached the crime of this case in a breathous and shocked manner, and the degree of damage caused by the damaged article is less than 30,000 won in the market price.

Furthermore, the defendant has recovered damages by paying the victim more than the amount of damage, and the victim does not want to be punished against the defendant.

In addition, the sentencing conditions, etc. revealed in the trial process of this case shall be determined as per the disposition in consideration of the two conditions.

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