(영문) 부산지방법원 동부지원 2016.03.30 2016고단87

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2016.03.30 2016고단87

재물손괴

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On December 28, 2015, the Defendant: (a) 00:05, while drinking alcohol within the “D main points in the operation of the Victim C, which is located in Busan Metropolitan Transportation Daegu B”, destroyed the Victim’s Bab, thereby destroying the Victim’s Bab in favor of the market price in which he was placed on the table, and then cutting off the table table of the Victim’s Bab, which was located in the front of the said main elevator from the Defendant, and then, (b) the Victim’s market price in front of the said main elevator back to the Defendant, and (c) caused the Victim to have the Victim Da damaged by breaking the gas in the process of speaking.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of statutes on site photographs;

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

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

1. The fact that the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) of the Criminal Procedure Act has many criminal offenders who were punished for the same kind of crime is disadvantageous to the defendant.

However, there are favorable circumstances such as the fact that the defendant recognized the facts charged and seriously reflects the facts charged, the fact that the defendant agreed with the victim, and the fact that the defendant seems to have committed any contingent crime in the whole process.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Fines are selected, and the sentencing criteria are not applicable.

참조조문

-형법 제69조 제2항

-형법 제70조

-형법 제366조

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