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(영문) 인천지방법원 2019.06.14 2019고정1022
재물손괴
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is an employee of the M&A company that sells cosmetics and health food.

On May 30, 2018, the Defendant: (a) around 11:50 on May 30, 2018, the Defendant: (b) in front of M Co., Ltd. located in N in Nam-gu Incheon Metropolitan City, the Defendant set up a Packet containing the content of “Acket, which has agreed to pay allowances, is not possible; (c) made a one-person demonstration; and (d) caused the damage to the property owned by the victim by impairing the utility of the Packet in which the market price cannot be known in a way that would bring about the collapse of the Packet by using the facs in which the market price

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer concerning theO;

1. Application of the Acts and subordinate statutes to photographs of CCTV video recording rooms, photographs of skins brought by the suspected person (the photographs stored in the victim's mobile phone), and photographs of CCTV images;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [limited to the reasonable circumstances] show the attitude of the defendant to recognize and reflect the instant crime.

[Unfavorable Circumstances] An agreement with the victim or the damage seems not to have been recovered.

A criminal conciliation is established under the condition that the defendant pays one million won to the victim in the course of investigation under the pretext of agreement, but the defendant was indicted by the defendant due to his/her failure to fulfill the above conditions in accordance with the ordinary procedure). In addition, comprehensively taking into account the following factors, such as the defendant's age and happiness environment, relationship to the victim, motive means of crime, results of the crime, circumstances after the crime, etc., the sentence shall be determined as

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