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(영문) 서울서부지방법원 2019.01.30 2018고합282
일반물건방화등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On April 5, 2018, the Defendant, at around 00:32, on April 5, 2018, destroyed a glass window in order to cover the repair cost of the first floor of the instant building, a victim D, where he/she was living together with C, who was living together with C, at the second floor office of Yongsan-gu Seoul building B, Yongsan-gu, Seoul.

2. On April 14, 2018, the Defendant destroyed and damaged the property by discovering in harmony between the market price of the victim D owned by the victim D, which is located in the corridor outside the second floor office of the building listed in paragraph (1), around 00:19 on April 14, 2018, and attaching a fire to the above harmony by using the rackter at the head office.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Statement made to D by the police;

1. Written estimate;

1. Application of the Acts and subordinate statutes governing destruction of glass windows, CCTV images;

1. Relevant Articles of the Criminal Act and Articles 366 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes committed on April 5, 2018, heavier penalty than punishment prescribed in the crime of causing property damage);

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fine not exceeding 10,500,000 won;

2. Determination of sentence: Punishment 2,00,000 won [the custody of a fine of KRW 100,000 for the calendar (one day’s old calendar period)] each of the instant crimes is punished during the period of suspension of execution; however, the Defendant’s mistake and reflects his depth; the Defendant’s recovery of damage was made; and the victim’s request for the Defendant’s wife as a result of the recent resolution of conflict between the Defendant and the victim, etc. shall be considered as favorable to the Defendant; however, the Defendant’s age, character, environment, family relationship, circumstances leading to the commission of the crime; the means and result of the crime; and the circumstances after the crime shall be considered as favorable to the Defendant.

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