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(영문) 인천지방법원 2017.07.14 2017고정1155
재물손괴등
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 January 12, 2017, the Defendant was sentenced to imprisonment with labor for a violation of the Road Traffic Act at the Incheon District Court on January 12, 2017, and the said judgment became final and conclusive on May 5, 2017.

1. On September 28, 2016, at around 01:18, the Defendant damaged property in order to cover approximately KRW 934,679 for repair costs, such as a hump lamps, etc., by walking off the 16 Bupyeong-gu Incheon Bupyeong-gu square, Incheon, where the victim C (56) was driving a D taxi and arrived at the above place, and taking a bath under the influence of alcohol even after the victim C (56) arrived at the above place, and without any reason, the victim would not pay a taxi fee, and without any reason, the Defendant damaged the property in order to cover approximately KRW 934,679 for repair costs, such as the hump lamps.

2. The Defendant, at the above time and place, resisted the victim C to shot a taxi as above, and assaulted the victim by leaving the victim’s scam off by hand, and by taking the scam face on one occasion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written estimate;

1. Photographs of the damaged vehicle;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, text of the judgment, and the result of case search;

1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of fines for the crime;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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