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(영문) 서울남부지방법원 2018.08.29 2018고단2149
재물손괴
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

around 18:45 April 27, 2018, the Defendant’s “E” operated by the victim D in Guro-gu Seoul Metropolitan Government on the part of the Defendant: (a) is why the Defendant’s “TV emitted by the President” appears to have been damaged;

C. The damage was caused by the malfunction of water in the brush TV at the market price, which is the victim’s possession.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Relevant legal provisions and Article 366 of the Criminal Act concerning facts constituting an offense (the point of destroying property and the choice of a fine);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Under Article 334(1) of the Criminal Procedure Act, the Defendant, on the grounds of sentencing, was sentenced to a suspended sentence due to the crime of injury, etc., and did not know even during the suspended sentence, and committed the instant crime. The Defendant was subject to criminal punishment several times for the crime related to the destruction of property and violence, even though he was subject to criminal punishment for the crime related to violence.

There was no agreement with the victim and no particular damage recovery was made.

Considering the above unfavorable circumstances, the defendant should be punished with severe punishment, but the defendant's error is recognized and the degree of damage of this case is not severe, the defendant has endeavored to reach an agreement, and the defendant has made efforts to commit the crime of this case, and other circumstances that are conditions for sentencing specified in the records and arguments of this case, including the circumstances leading up to the crime of this case, circumstances after the crime of this case, the age of the defendant, sexual conduct, environment, etc., shall be determined as ordered only once.

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