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(영문) 대전지방법원 서산지원 2015.11.06 2015재고단8 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 3, 2014, at around 03:48, the Defendant used a D taxi driven by the Victim C (year 48) and, at the entrance of the scar in Seosan-si, Seosan-si, the destination destination, expressed that “the victim arrived at the flue 1st village,” without any reason, when the victim demanded a taxi fee, and then the victim gets off from the taxi to walk the flue gate, and then walking the flue pipe, which is a dangerous object used as a support for the fence in that place, and then cut off the front glass of the taxi over three times, thereby damaging the property owned by the victim and damaged the property equivalent to KRW 915,770.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs of damaged articles;

1. Application of the written estimate statutes;

1. Article 369 (1) and Article 366 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the crime is not good by destroying property with a pipe, which is a dangerous object for sentencing, under Article 334(1) of the Provisional Payment Order, even though it is recognized that the principal offense was committed during the repeated crime period, the fact that the mistake is against himself/herself, that the victim and the victim have agreed smoothly, that he/she has an opportunity to reflect even if he/she is detained from August 13, 2015 to the present day, and that the various sentencing conditions specified in the records and arguments of the instant case are considered as a whole.

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