(영문) 수원지방법원 안양지원 2019.05.09 2019고단156

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(영문) 수원지방법원 안양지원 2019.05.09 2019고단156

재물손괴등

Text

A defendant shall be punished by a fine of 500,000 won.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 3, 2018, the defendant, during the Ansan-si period of 23:40 on September 3, 2018, on the ground that the victim D (here, 46 years of age) who is the spouse of B apartment C was born by his/her father, but did not have his/her house, he/she laid down his/her house on the ground that he/she did not have his/her house, thereby undermining the utility of the market property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Investigation report (Attachment to the 112 Report List) and the 112 Report List;

1. Application of statutes on site photographs;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The Defendant repeated the crimes in addition to three times of fines due to violent crimes, even though there are many penal records.

A favorable circumstances: The defendant is recognized as a substitute for committing a crime and is against the defendant.

The victim wanted the defendant's prior wife to be able to do so.

The punishment shall be determined in consideration of the following circumstances, such as the age, character and conduct, family relationship, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.

Public Prosecution Rejection Parts

1. The summary of the facts charged was around September 3, 2018, the Defendant: (a) committed assault, such as flabing and sculing flab, etc., with the victim E in the former B apartment C in Ansan-si; and (b) flabing with the victim E.

2. Determination of applicable provisions of law: A crime of non-violation of intention under Article 260 (1) of the Criminal Act: A victim of Article 260 (3) of the Criminal Act shall submit an application for no punishment to the effect that he/she does not wish to punish the defendant after the prosecution of this case. Judgment dismissing public prosecution: Article 327 subparagraph 6 of

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