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(영문) 대전지방법원 천안지원 2017.08.31 2017고정401
재물손괴등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Final Decision falling under the latter part of Article 37 of the Criminal Act] On June 29, 2017, the Defendant was sentenced to the suspension of the execution of imprisonment for six months by obstructing the execution of official duties in the Daejeon District Court’s Branch, and the judgment became final and conclusive on July 7, 2017.

[Criminal facts]

1. On November 13, 2016, the Defendant damaged 18:00, at a joint garden located in Asan-si, Asan-si, Asan-si, for the reason that the victim D harvested the stuff in mind of the Defendant and raised a sprink in that place, and then extracted 50 sprinks owned by the victim with the mind of the Defendant (the market price cannot be known).

2. On November 17, 2016, at the front of the place indicated in paragraph 1, around 13:20 around November 17, 2016, the Defendant: (a) extracted from the victim D (num, 60 years of age) a sphere in dry field, extracted a sphere from the victim D; and (b) sphere a cigarette butts away from the sphere; (c) sphere the victim’s body, sphere the victim’s face one time, sphere the victim’s face, and sphere the victim with walking the victim.

The defendant assaulted the victim by taking the victim who has been continuously used on the land.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Written statements and written confirmation of investigation process (D);

1. Reports on internal investigation and photographs [the final judgment corresponding to concurrent crimes after Article 37 of the Criminal Act];

1. Application of statutes governing judgment;

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, and the selection of fines for the crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Sentencing the sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the crime in this case; consideration, such as the background of the crime in this case; degree of the victim's side effects; goods damaged by property; health condition of the defendant; equity in the case of punishment with a previous criminal record stated in the first head of the crime; and records of criminal punishment of the defendant (no record of criminal punishment except for the previous criminal record stated in

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