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(영문) 서울중앙지방법원 2021.03.16 2020고정2020
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

1. On July 17, 2020, the Defendant: (a) around 22:11, 2020, around 11:11, the Seocho-gu Seoul Seocho-gu located in the center of Seocho-gu Seoul Seocho-gu, 11-4, by gathering various kinds of houses left around the surrounding area without any particular reason while drunking on the road; and (b) caused the defects in the front glass, etc. of the said vehicle, thereby damaging KRW 5,270,815 of the repair cost.

2. The Defendant damaged KRW 2,290,000 of the repair cost by walking off the E-to-land owned by the victim D, which was parked at the time and place set forth in paragraph 1, and by pushing down the E-to-land by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement B and D;

1. Photographs damaged by dives;

1. Photographs damaged by vehicles;

1. Application of the written estimate for damage caused by malfunction of the damaged vehicle;

1. Article 366 of the Criminal Act concerning the facts constituting an offense;

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

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

1. Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act requires formal trial upon the issuance of a summary order of a fine of KRW 2 million, even though the public prosecutor demanded a summary order of KRW 2 million.

The Defendant agreed with the victim D at the stage of investigation and agreed with the victim B at latest after the issuance of the summary order, and thus all victims do not want criminal punishment against the Defendant; the Defendant is a primary offender who has no record of punishment so far; the Defendant appears to have committed the instant crime in contingency under the influence of alcohol; and the Defendant is deemed to have committed the instant crime, taking into account all the sentencing conditions prescribed in Article 51 of the Criminal Act, the Defendant shall be sentenced to a fine of one million won prescribed by the summary order.

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