logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.10.21 2016고정937
재물손괴
Text

1. The defendant shall be punished by a fine of two hundred thousand won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On March 30, 2016, around 09:30 on the front of the C parking lot located in Daejeon-gu, Daejeon-gu, the Defendant damaged the victim D (E, 56 years old) and the cargo vehicle owned by the victim D (ma), thereby interfering with the passage of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (or relative investigation of the victim), investigation report (to attach a receipt for repair expenses);

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

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. The fact that the value of the property damaged by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is relatively small, the defendant is old, the economic condition of the defendant is difficult as a recipient of basic livelihood security, and the defendant needs to receive medical treatment for a considerable period of time due to his image, etc.

However, the fact that the defendant damaged a parked vehicle for reasons of hindering the passage of the vehicle and the nature of the crime is poor, the victim's damage has not been recovered, and the defendant has been subject to criminal punishment 12 times such as six times violent crimes, etc. are disadvantageous to the defendant.

In full view of such normal relationship and other circumstances as the defendant's age, character, conduct, family relationship, environment, occupation, etc. and conditions for the sentencing as shown in the pleadings, the punishment shall be determined as ordered.

arrow