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(영문) 대구지방법원 의성지원 2017.08.24 2017고단209
특수재물손괴
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 21, 2017, the Defendant: (a) purchased Daart in the operation of the Victim C, which is located in the Sung-gun of Gyeongbuk-gun on May 21, 2017, and (b) purchased Bana, and (c) he drink E drink in a third village; (b)

In addition, the gas station "I am the gas station, which is a dangerous object purchased from the gas station, due to the fact that I am, destroyed the window of the market price equivalent to KRW 100,000 at which I am the victim's market price at a large amount of 285,00 won and the victim's market price was sealed, and damaged the window of the window of the amount of KRW 100,000 at the market price at which I am the gas station was displayed on the side of the sphere entrance of the gas station, and caused to tear 6,900 at the market price.

Accordingly, the defendant, using dangerous things, damaged the property equivalent to the total amount of 391,900 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to reports on internal investigation (related to estimates for damage, etc. with respect to damaged parts, such as glass);

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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was committed on the ground that the defendant did not drink in the state of drinking, and thus, he collected a small amount of glass adjacent to the entrance of the entrance and damaged the body and things, and the crime was bad, and that the defendant has a criminal record of identical violence several times is disadvantageous to the defendant.

However, in consideration of the fact that the defendant's mistake is recognized and seriously reflected, the fact that the injured person does not want the punishment of the defendant in agreement with the injured person, and the circumstances leading to the defendant's age, sex, environment, and crime, etc., the punishment as ordered shall be determined by taking into account all the sentencing conditions.

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