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(영문) 인천지방법원 2015.01.16 2014고정4192
재물손괴
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 16:20 on September 5, 2014, the Defendant: within the “D” restaurant operated by the Victim C (FL, 63 years of age) in Jung-gu Incheon, Jung-gu, Incheon; on the same day, damaged the parts of the goods at the victim’s establishment and found it again at the police station to be inspected by the police station. At the same time, the Defendant collected one harmony between the amount of the victim’s ownership in the business establishment and the amount of the victim’s ownership cannot be known, and damaged it by putting a yellow scam and a large wave, etc. on the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on photographs of damage;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act for the provisional payment order is that the victim’s business establishment was destroyed and damaged on the day of the occurrence of the instant case, and that the victim’s business establishment was investigated by the police station, and the victim’s business establishment was committed again, and the crime of this case is very heavy, the crime was not committed, there was no agreement with the victim, and there was no special sentencing factor or change in circumstances that may be newly considered after the summary order, and thus, the amount of the fine prescribed in the summary order shall be maintained as it is.

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