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(영문) 청주지방법원 영동지원 2016.04.14 2015고단244
특수재물손괴등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 3, 2015, the Defendant: (a) around 02:20 on August 3, 2015, at around 02:20, the Defendant: (b) at the time, was parked in the E C motor vehicle owned by the victim D (W, 48 years old) that was one-time relationship; and (c) called “the victim’s telephone, but the victim did not receive the call; (d) as the victim collected chemical parts, which are dangerous objects; and (e) caused the damage to KRW 3.40,000 of the repair cost by getting off the front and rear glass of the C motor vehicle.

2. On August 3, 2015, around 03:05, the Defendant infringed upon the residence of the victim D, who was located in the Chungcheongbuk-gun F, Chungcheongnam-gun, and the entrance door of the house was set off and the victim was opened on the ground that the victim was not in contact with him/her, and infringed on the victim’s residence.

3. The Defendant damaged a property by shouldering the victim’s market value equivalent to KRW 690,00,000 at the time and place specified in paragraph 2, on the ground that the victim D was not subject to telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (the sequence 7,10 of the evidence list);

1. Application of the Acts and subordinate statutes to each on-site photographs, estimates, receipts, and caps photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 369(1) and 366 of the Criminal Act that choose the penalty, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 319(1) of the Criminal Act, and the selection of fines;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment as prescribed for the crime of destroying any special property with the largest punishment);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is not only that the Defendant has already been punished by a suspended sentence or a fine on several occasions for a crime of this type of crime, but also that on July 10, 2014, the Defendant was punished by imprisonment with prison labor for a crime of violating the Road Traffic Act (drinking driving) in the Young-dong Branch of the Cheongju District Court.

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