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(영문) 창원지방법원 2017.08.25 2017고단2192
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 April 29, 2017, the Defendant: (a) around 02:10, around Kimhae-si B (hereinafter omitted) around 2017, at the main point operated by the Defendant, 51 years old, the Defendant laid the beer residues on the customer at the customer location on the ground that the victim did not talk with other customers. (b) The Defendant laid the beer residues in a remote area, shouldered the beer string, and laid down the beer string so that it was protruding free trade of the beer. (c)

Accordingly, the defendant has impaired the utility of the victim's market in a remote and remote area and a hot wave.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigative reports (to hear statements from victims);

1. Application of Acts and subordinate statutes to photographs damaged;

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

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, which had already been punished several times for the same kind of crime, committed a second offense without being aware of it.

In particular, the defendant committed the crime of this case during the period of probation of imprisonment for the same kind of crime.

However, the defendant reflects his fault in depth.

The victim seems to have committed a contingent crime without controlling the negative appraisal, such as a bad behavior, among the disputes, while under the influence of alcohol while having a relationship with the victim.

The damage is minor, and the injured party does not want to be punished by the defendant by making a smooth agreement with the injured party.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.

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