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(영문) 전주지방법원 군산지원 2018.07.04 2018고단278
재물손괴
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 00:40 on February 20, 2018, the Defendant damaged two food waste bags equivalent to KRW 120,000,00,000 in the market price, including where two food waste bags owned by the said victim are cut off out of the above restaurant, and where two food waste bags are collected on the road, by entering the “D” operated by the victim B in Gunsan-si, Sinsan-si, Gunn-si.

2. The Defendant damaged the victim E’s property damage caused damage to an unexplosion of the market price by gathering the Franchising vehicle owned by the victim E, which was parked on the road, on the road before “D” around the day specified in paragraph 1, in line with the top pans of the above vehicle, in which the fluence of the above vehicle is flaged.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of B and E;

1. Application of Acts and subordinate statutes to cover photographs and investigation reports (CCTV video data attachment, etc.);

1. Relevant Article 366 of the Criminal Act, the choice of punishment, and the choice of fine for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant has the same history of crime.

In particular, the Defendant committed the instant crime again during the period of repeated crime due to the same kind of crime.

This is disadvantageous to this point.

However, it appears that the defendant's mistake and reflects, and that it seems that the victims have recovered from the damages and agreed with the victims.

In full view of these circumstances, the defendant's age, sex, motive, means and consequence of the crime, and the conditions of sentencing as shown in pleadings, such as the circumstances after the crime, the punishment shall be determined as ordered.

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