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(영문) 대구지방법원 안동지원 2017.05.12 2017고단24
재물손괴
Text

1. The sentence against the accused shall be three million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

On January 10, 2017, the Defendant, on the ground that the victim C (n, 50 years of age) who was permanently residing in B at around 19:10 on January 10, 2017, was not aware of the victim’s alcohol within the “D main store” operated by the Defendant, and damaged the victim’s market price at a level equivalent to KRW 30,00,000 on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting on the arrest of a case;

1. Each report on investigation;

1. Receipts:

1. Records of crime: The provision of a written reply to inquiries, such as criminal history, the current status of acceptance by each individual, investigation reports (Attachment to the same paper), and the application of the statutes on accompanying materials;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including criminal records of the same kind of crime, committed the instant crime even though there are many cases where the Defendant was punished by imprisonment with prison labor among them. This is a disadvantageous circumstance to the Defendant.

The Defendant led to confession and reflect on the crime of this case.

A injured person does not want to be punished by the defendant under the original agreement with the defendant.

The degree of damage is relatively minor.

This is the circumstances favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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