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(영문) 수원지방법원 평택지원 2018.08.31 2017고단2464
재물손괴등
Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 500,000 won.

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

Reasons

Punishment of the crime

1. On November 30, 2017, at around 02:40, the Defendant destroyed the damage to property by leaving the “C”, which is an entertainment business place located in Pyeongtaek-si B, to make it impossible for the Defendant, who is an employee, to enter the said “C” on the ground that the Defendant was under the influence of alcohol. The Defendant destroyed the repair cost of KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000)

2. The Defendant injured by negligence caused the glass door to the date and place described in paragraph 1, as described in paragraph 1, at the time and place.

At that time, there was a risk of the victim's shocking if the victim D (at the age of 31) sits before the above glass door, and the above glass door is broken, so there was a duty of care to ensure that the defendant has to be carefully lest the victim's free door should be broken out by well examining the surroundings.

Nevertheless, the Defendant neglected this and caused the damage to the front, however, destroyed by a glass door, such as the statement in paragraph 1, so the glass door to the right bridge of the victim who was seated.

As a result, the Defendant suffered injury, such as multi-culatory bid and injury, by the above negligence, that the victim did not know about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes concerning receipt of damaged goods;

1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act (the point of damage to property, the choice of imprisonment), and Article 266 (1) of the Criminal Act (the point of causing bodily injury by negligence and the choice of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Article 38 (1) 2 and 3 of the Criminal Act;

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

1. Although Article 334(1) of the Criminal Procedure Act recognizes a mistake in the grounds for sentencing of the provisional payment order, considering the fact that the crime was committed during the period of probation, the fact that the damage was not recovered, the number of criminal punishment records, etc., the defendant's person who is not less vulnerable.

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