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(영문) 부산지방법원 2017.05.25 2017고단1606
재물손괴
Text

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

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 7, 2017, at around 02:45, the Defendant was found at the victim C's house located in the Busan Young-gu, Busan Metropolitan City, and was refused to visit the victim's dynamic interest, his wife, but the entrance was not opened even if the entrance was opened, thereby damaging the glass window of the entrance entrance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs of glass windows;

1. Article 366 of the Criminal Act applicable to the facts constituting the crime;

2. Selection of a selective fine for punishment (the fact that a person has been punished several times due to violence is disadvantageous.

Provided, That a fine shall be imposed in consideration of the favorable circumstances, such as the fact that the amount of damage is a small amount, the fact that the person who suffered the damage is not punished by the defendant, and the fact that there is no criminal record exceeding the fine, etc.

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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