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(영문) 광주지방법원 2020.11.20 2020고단3006
재물손괴등
Text

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

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

Reasons

Punishment of the crime

1. On May 12, 2020, the Defendant: (a) destroyed property by: (b) under the front direction of the Yongdong-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, the Defendant: (c) was driving in C while drinking alcohol and smoking tobacco in the vehicle to the destination; and (d) he said that he would have abandoned the tobacco in the vehicle; (c) thereby, he said that he would have caused the smoking to the destination; and (d) thereby, (c) thereby damaging the property by destroying the 300,000 won of the market price installed in the taxi by hand.

2. Around 00:00 on May 12, 2020, the Defendant obstructed the Defendant’s sales of 30 minutes of the Defendant’s horses, etc. by force, by finding in the “F” operated by the Victim E (the 67 years of age, south) in Gwangju Northern-gu, by drinking so as to avoid a disturbance and make the Defendant intending to see himself and herself a large amount of humf, etc., and by threatening the victim to “I would be unable to operate humf from the day.” In other words, the Defendant interfered with the Defendant’s sales of humf, etc. by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of B, G and E

1. Relevant Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act and Article 314 of the Criminal Act, the selection of fines for the crime;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though there are many kinds of records that the defendant was punished for violent crimes, it is not good that the defendant committed the crime of this case without being subject to a repeated crime. However, it is not good that the defendant committed the crime of this case: Provided, That the defendant recognized the crime, and the victims do not want the punishment of the defendant by mutual consent with the victims, and all other circumstances, such as the defendant's environment, background of the crime, and circumstances after the crime,

Public Prosecution Rejection Parts

1. The summary of the facts charged is around December 22, 2020, and around 22:20.

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