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(영문) 수원지방법원 2020.10.07 2020고단3918
재물손괴등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the legal spouse of the victim B (here, 46 years of age).

1. On April 6, 2020, the Defendant: (a) destroyed the property damage around 19:00 on April 6, 2020, on the ground that the victim was smoking tobacco, the Defendant displayed the children’s kick kick gate in the name of the victim; (b) destroyed the amount equivalent to KRW 2.70,00 won in front of the passenger car in front of the children’s YFrocketing and other vehicles; and (c) destroyed the Defendant’s vehicle and freight 710,000 won in front of the cargo vehicle parked next to the kick gate in the name of the victim, thereby damaging the amount equivalent to KRW 2.7,00 won in front of the cargo vehicle parked next to the gate.

2. On April 7, 2020, the Defendant: (a) caused property damage on the ground that he drinks alcohol from April 7, 2020 to 12:00 on the ground that the victim was trying to repair the vehicle damaged as referred to in the preceding paragraph at the residence located in Osan-si, Osan-si; (b) 2 of the living room glass of an amount equivalent to KRW 500,000,00 in the market value; (c) 10,000 in the total market value of KRW 10,00,000 in the market value; and (d) 8,60,000 in the aggregate of the market value of the victim and the joint-owned property was damaged by destroying the key of a computer of an amount equivalent to KRW 10,00,00 in the market value.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on internal investigation, a written estimate to be attached, and a report on investigation;

1. Application of statutes on photographs of damage;

1. Article 366 of the Criminal Act and Article 366 of the same Act concerning the applicable criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the victim does not want the punishment of the defendant by mutual consent with the victim who is his spouse, and that there are two times prior to the fine due to the same criminal conduct, and the defendant has other conditions of sentencing as indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime.

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