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(영문) 대전지방법원 천안지원 2015.11.20 2015고정954
재물손괴
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is in a marital relationship with the victim B and is in a legal relationship with the victim.

On August 5, 2015, the Defendant, at around 21:20, damaged the property to the extent that the Defendant could not know of the repair cost by taking a large amount of money, which had been in his/her place, to the effect that “the victim cannot pay money because he/she did not become a punishment,” as he/she stated “the victim was under the influence of alcohol” in the C Inn's house located in Yong-gu, Chungcheongnam-gu, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of report on the inspection of occurrence of the case;

1. Application of statutes on images of on-site photographs;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

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

1. The criminal defendant committed the instant crime even though he/she was under suspension of execution due to the crime of causing property damage, etc. on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act.

However, the punishment shall be determined in consideration of the favorable circumstances, such as the fact that the defendant is recognized to commit a crime, and the victim who lives together with the minor degree of damage does not want the punishment of the defendant under the influence of alcohol.

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