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(영문) 인천지방법원 부천지원 2019.05.30 2018고정957
재물손괴
Text

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

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

Reasons

Punishment of the crime

At around 00:30 on May 11, 2018, the Defendant: (a) 00:30, the Defendant: (b) randd the waste air conditioners installed in front of Jungcheon-si B’s front of the household electric appliances; (c) laid down the waste air conditioners installed in front of the household electric appliances, without any justifiable reason, by hand; (d) caused damage in need of repair in an amount of KRW 577,883,00,00, such as a string and exchange of front flaps of the D industrialized vehicles that are parked next to the road; and (d) continuously parked on the street, the Defendant damaged the Defendant’s flab owned by the victim E and the Oba owned by the G, which was sealed in front of the road, and caused damage that requires repair in excess of KRW 7,030,00,000, such as a flab, a wing car, a late-flab, and Bobab.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement of G and E;

1. Each report on investigation;

1. Application of statutes on site photographs;

1. Article 366 of the Criminal Act and Article 366 of the same Act concerning the applicable criminal facts and the choice of fines;

1. Articles 40 and 50 (Mutual Crimes of Damage and Damage to Property to Victims E and G) of the Criminal Act against ordinary concurrences;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Although the defendant was found to have erroneous reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the defendant did not pay damages to the extent that the amount of damage caused by the damage was considerably considerable.

At the last sentence date, the defendant submitted a written agreement to the victims that they will pay damages in installments each month.

At the same time, the submission was not made even though the data that the actual amount of payment was paid by the delay of the imposition of a judgment was not submitted.

In full view of these circumstances, the amount of fine under the summary order shall be reasonable, and the punishment shall be determined as per Disposition.

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