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(영문) 대구지방법원 안동지원 2017.03.31 2016고단900
재물손괴
Text

1. The sentence against the accused shall be four million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

At around 02:00 on November 9, 2016, the Defendant destroyed and damaged 100,000,000 won of TV (LG, 36 Does) (LG, 36 Does) at the market price of the victim’s ownership by pushing a portable gas theater, which was operated by the victim C, located in Ansan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on the arrest of a case;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of a workhouse is that the Defendant committed the instant crime during the period of suspension of execution despite the fact that the Defendant had multiple criminal records, and that the Defendant did not receive a letter from the injured party is disadvantageous to the Defendant.

The circumstances favorable to the Defendant are that the Defendant consistently led to the confession of the instant crime from the investigative agency and seriously reflects the Defendant, that the degree of damage is not serious, and that the Defendant appears to have faithfully performed alcohol treatment and community service after the instant crime.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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