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(영문) 수원지방법원 2017.09.06 2016고정3152
재물손괴
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 11, 2017, the Defendant was sentenced to imprisonment with prison labor for at least eight months, such as intrusion of structures at night, theft, etc. at a flood control point, and the judgment became final and conclusive on April 19, 2017.

On May 15, 2016, the Defendant damaged the toilet windows owned by the victim D by an influence method without any reason, and damaged property worth KRW 200,000,000, within the scope of the “C main point” at Suwon-si, Suwon-si, Suwon-si B, and the second floor.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Report of investigation (in case of cotton No. 11 of investigation records);

1. Photographs of damaged glass windows;

1. Before the judgment: The Defendant alleged to the effect that the situation at the time of the crime history inquiry, the text of the judgment, and the summary information of the case did not accurately memory, but intentionally broken the glass, but the following circumstances acknowledged by each evidence of the judgment, i.e., (i) the Defendant, in the state of drinking alcohol and drinking alcohol at “C main points” and without paying the drinking value, has opened a strings of a male toilet, locking the door, and destroying the glass window within the string, (ii) the victim D demanded the opening of the door, and (iii) the Defendant did not talk to the effect that the Defendant damaged the strings of the strings, and (iii) the Defendant intentionally damaged the strings by taking into account the location and height of the strings.

Therefore, the defendant's assertion is without merit.

[Application of Acts and subordinate statutes]

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The fact that the value of the property destroyed by the reason for sentencing of Article 334(1) of the Criminal Procedure Act is not substantial, and that is, the provisional payment order.

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