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(영문) 창원지방법원 통영지원 2016.07.15 2016고단234
특수재물손괴
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 8, 2016, at around 21:50, the Defendant lost a mobile phone lost at another location at the above main point while under the influence of alcohol at around 21:50 on March 8, 2016, the Defendant cited a knife (29cm in total, 16cm in length) which is a dangerous object on the above main point, with a knife knife (16cm in length) of a dangerous object on the above main point, and loaded a knife with a cooling house with a view to 800,000 won in the market price owned by the Defendant, and loaded a knife with a computer knife equivalent to 10,000 won in the market price.

Accordingly, the defendant damaged the victim's property by using dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Protocol and list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime even though he/she was under the suspension of execution, and that he/she was punished for the same crime is disadvantageous to the Defendant.

However, the victim does not want to be punished by the defendant due to the smooth agreement with the victim, and the damage itself is great.

It cannot be seen that there is no record of punishment for the suspension of execution for the same crime, the defendant committed the crime of this case during the period of suspension of execution, but is not for the same crime, and the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, family environment, and motive for the crime of this case, shall be comprehensively considered, and the punishment shall be determined as a fine as set forth in the order.

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