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(영문) 서울남부지방법원 2014.07.09 2014고단1166
재물손괴
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 March 27, 2014, from around 04:20 on the same day to around 04:30 on the same day, the Defendant thought that D, a person living together, was in the victim’s house before the Yeongdeungpo-gu Seoul Metropolitan Government Victim C’s house, and that D, a person living together, was in the victim’s house, and damaged the unclaimed property at the market by walking the door door several times

Summary of Evidence

1. Defendant's legal statement;

1. A victim statement prepared in C;

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

1. Article 366 of the Criminal Act applicable to the crimes;

1. Selection of selective fine for punishment (the following extenuating circumstances among the reasons for sentencing):

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not well-known during the period of suspension of execution for the same kind of crime, and at the same time, the defendant has been punished for the same kind of crime and violence crimes. However, although the defendant has committed the crime in this case, he has reached an agreement with the victim that his mistake is divided in depth, the defendant has reached an agreement with the victim that he wanted to leave the defendant, and the crime in this case seems to have been committed by contingency. The crime in this case seems to have been committed by the defendant's family members actively avoided the defendant's intent to lead the crime in this case, the age, character and conduct, environment, motive, means and consequence of the crime in this case, and all other circumstances that form the conditions for sentencing as shown in the records and arguments in this case.

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