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(영문) 인천지방법원 2014.04.11 2014고정943
재물손괴등
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On December 03, 2013, at around 00:40, the Defendant damaged the property in front of Gyeyang-gu Incheon Gyeyang-gu, Incheon Metropolitan City Cradong (Dra), where approximately one kilogram (200 won at a market price) was loaded and stolen by the victim E onto F, a cargo vehicle of the victim, and the front glass of the said cargo was cut off in a way that the victim E can unfold the repair cost by unfolding the front glass of the said vehicle into a stone.

2. In the date, time, and place mentioned in paragraph 1, the injured Defendant 1 gets off the part of the victim’s mast with stone one time on the same ground, and caused injury equivalent to 18 days of treatment days by cutting off the part on the right side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. On-site moving photographs and suspect E-victim photographs;

1. Application of Acts and subordinate statutes, such as a written diagnosis of injury, photographs to damaged parts of the vehicle under consideration, and written estimates for repair;

1. Relevant Article 36 of the Criminal Act, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of fines for the crime;

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

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

1. It is so decided as per Disposition on the grounds that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order commits the crime of this case, considering the witness and the fact that he/she was a person of distinguished service to the State who was aged 83 years old, the fact that he/she was economically difficult, etc.

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