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Reasons
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(영문) 의정부지방법원 2019.06.20 2019고정664
특수재물손괴
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Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On December 31, 2018, the Defendant: (a) around 16:00 on December 31, 2018, on the ground that the victim was not informed of the victim D (n, 46 years of age) who was in front of the entrance of the seat of the victim D (n, the 46 years of age), and caused the damage of the repair cost to be replaced by 1.80,000 won, by putting off the shoulder, which is a dangerous object that the victim was attached to the above entrance, three times with the net (30cm in total length).

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation (a report on CCTV verification);

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Article 369 (1) and Article 366 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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 of the provisional payment order is against the defendant's recognition of the crime of this case, and the defendant is demanding the victim and his spouse to transfer the name of the vehicle registered under the joint name with the victim during a divorce lawsuit, and the victim's refusal to notify the victim of the present door password, but it appears that the victim was committed by contingently, and the victim could be prevented from committing the crime of this case. The defendant's age, character and behavior, environment, criminal records, criminal records, circumstances after the crime, and balance with the general sentencing in the same or similar case, shall be reduced in part by taking into account all the circumstances revealed in the trial process, including the defendant's age, character

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