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(영문) 의정부지방법원 2017.06.15 2017고정586
재물손괴
Text

Defendant shall be punished by a fine of KRW 700,000,000.

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

Reasons

Punishment of the crime

At around 01:40 on November 22, 2016, the Defendant destroyed the car by walking a copy of a ice material hold (flost 60cm in width, 120cm in length) owned by the victim, which constitutes the entrance door of 103, while drinking alcohol and calculating the drinking value in the “Esing 103” of the victim’s “Esing 4th floor of the building C.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and G;

1. Application of statutes on field photographs;

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

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

1. In light of various circumstances, such as the circumstance leading up to the crime acknowledged by the evidence duly adopted by the court, the means and method of the crime, and the Defendant’s behavior before and after the crime, determination of the Defendant’s mental and physical disorder under Article 334(1) of the Criminal Procedure Act, it cannot be deemed that the Defendant had no or weak ability to discern things under the influence of alcohol at the time to make a decision.

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