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(영문) 창원지방법원 통영지원 2017.11.28 2017고정380
재물손괴
Text

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

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

Reasons

Punishment of the crime

On March 18, 2017, the Defendant destroyed the front (150cm x 95cm x 130cm x 80cm) and the rear (130cm x 80cm) of the street (130cm x 80cm) of the front (150cm x 15cm x 95cm x 80cm x m) of the street (130cm x x 80cm) of the front (130cm x x 80cm) of the city where the Defendant was parked with a stone (17cm m) on the floor of the area where the victim was parked, with the knowledge of the fact that the victim and his wife had expressed their desire to his wife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes reporting on internal investigation, investigation reports and investigation results;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was the situation where the spouse was seriously insultingd by the injured party, such as the Defendant’s change in court room.

Even if the action such as the crime in the judgment as a response method is very violent and dangerous and appropriate.

In addition, even though this case is a case falling under a special property damage crime under the Criminal Act, it is difficult to view that the fine of KRW 3 million is excessive in addition to the fact that the prosecutor has already been charged with summary indictment as a general crime of damage, and that there is no agreement with the victim.

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