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(영문) 의정부지방법원 2018.01.18 2017고정2578
재물손괴
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On September 13, 2017, the Defendant was unable to get out of her lebane due to other vehicles located in front of the Guri-si B on September 12:30, 2017, and the Defendant got out of her own leb, and caused four typing vehicles owned by the victim C (on the basis of the market price of KRW 483,912), and continuously damaged the victim EF by transmitting knife four knife or vehicle to knife four knife (on the basis of market price of KRW 260,00), and four knife (on the basis of the market price of KRW 425,832) of the Hari-raying vehicle owned by the victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. Three copies of a statement in E, C, and G preparation, a photograph of damaged vehicles, a criminal investigation report (verification of black stuff images), and a written estimate;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 366 of the Criminal Act, the choice of punishment, and the choice of fine for the crime;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the accused recognizes all the criminal facts of this case and reflects his mistake; (b) the victims have agreed with all the victims; and (c) the economic situation as a recipient of a basic living assistance can be deemed to have not been followed by a decision for impeachment; and (d) the circumstances favorable to the Defendant are recognized as normal circumstances in favor of the Defendant.

However, each of the crimes of this case, which the defendant damaged the victim's vehicle's length on the ground that the vehicle owned by the victims does not fall into the victim's surface due to the accident, has been punished several times due to the crime, such as the nature of the crime and the method of the crime, violence, etc., and the balance of general punishment in the same and similar cases, and the defendant's age, sex behavior, intelligence and environment, and the motive, background, and means of the crime of this case as shown in the argument of this case.

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