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(영문) 부산지방법원 2017.05.17 2017고단1453
특수재물손괴
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

At around 15:30 on February 21, 2017, the Defendant: (a) sought the victim D (57) to borrow knee surgery costs from the front side of the office in Busan Jung-gu, Busan to receive KRW 2 million; (b) but the Defendant reported the victim's avoidance; and (c) collected the brick (19cm, length 9cm, height 9cm, height 6cm) which is a dangerous object that was adjacent to a nearby restaurant, and destroyed the said knee to the extent of KRW 375,00,00 in repair cost.

The defendant, carrying dangerous objects, thereby damaging property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a criminal investigation report (including attachment, etc. of photographs), investigation report (investigation into attachment of a vehicle quotation);

1. Articles 369 (1) and 366 of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a selective fine for punishment (in depth, reflects the depth of the crime and take into account the circumstances leading to the crime, and considering the fact that the victim is not subject to the punishment of the defendant when agreed with the victim);

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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