(영문) 부산지방법원 동부지원 2017.11.23 2017고단2057

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2017.11.23 2017고단2057

재물손괴

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 26, 2017, around 23:55, the Defendant: (a) under the influence of alcohol in front of C’s pharmacy located in Busan Shipping Daegu B, the Defendant: (b) caused the victim D and his her her fluoral without any reason, and (c) destroyed the above fluoralb to the extent of KRW 530,000,000 of the repair cost, by cutting off the fluorb, which was the victim’s possession.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of investigation reports (in cases of dispatch of the scene, etc.), and photographs of damage photographs;

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

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is an unfavorable circumstance where the crime of this case is under the influence of alcohol and thus, is destroyed by breaking the victim’s stobane by leaving the stoke, which is not good in the nature of the crime, and the Defendant may have a criminal record of violence.

However, it is more favorable for the defendant to recognize the facts charged, such as the fact that the defendant seriously reflects the facts charged, that the degree of damage to the victim is not very serious, that the defendant has reached a unanimous agreement with the victim, that the defendant has no criminal record exceeding the fine, and that he has no criminal record

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Crime of Destruction of Property: Group of Damage Offenses, General Criteria, Type 1 (Destruction of Property, etc.) etc.: Provided, That the sentencing criteria shall not apply because of the choice of fines.

참조조문

-형법 제69조 제2항

-형법 제70조

-형법 제366조

유사 판례

-수원지방법원 안산지원 2018.03.21 2018고단141

-서울서부지방법원 2018.01.30 2017고단3444

-서울동부지방법원 2017.10.20 2017고정1275

-서울서부지방법원 2018.10.04 2017고단3570

-부산지방법원 2016.09.30 2016고단4127