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(영문) 대구지방법원 김천지원 2017.08.31 2017고정293
재물손괴
Text

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

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

Reasons

Punishment of the crime

The defendant was aware of the victim B (n, 39 years of age) and about five months prior to the defendant's birth.

On January 22, 2017, the Defendant: (a) around 14:20, when drinking together with the victim on the second floor of the house located in Gumi-si, Sinsi, the residence of the victim; (b) took out the dispute with the victim, and demanded the victim to open the door again; and (c) on the ground that the victim does not open the door, the Defendant damaged the door door glass of 10,000 won on the ground that he did not open the door, thereby damaging the property of KRW 100,00 of the repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of internal investigation reports (related to attachment of a written estimate for damage and calculation of the amount of damage) and investigation reports (related to attachment of a written estimate for damage and calculation of the amount of damage to the suspect A);

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order are as follows: (a) the Defendant has been punished by committing a crime of refusing to withdraw the same victim in addition to the crime of this case during the period of repeated crime committed against this type of crime; (b) the Defendant’s age, sexual behavior, environment, etc.; and (c) the Defendant’s age, sexual behavior, and other various circumstances shown in the public trial.

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