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(영문) 대전지방법원 2016.12.08 2016고정1303
재물손괴
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On April 17, 2016, the Defendant: (a) around 02:43, on the ground parking lot in front of Sejong-si Dorobro Dom apartment 802, the Defendant: (b) citing iron chairss in front of 802; (c) 4:5 times after a cren vehicle owned by the victim B, which was parked, and cut off the part of the string of the car at 4:5 times; and (d) 1,331,000 won in total, damaged the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of a separate CD or on-site photographing statute;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

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

1. As to the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant alleged to the effect that the Defendant was in a state of mental disorder or mental disorder due to depression at the time of the instant crime. As such, according to the records, the fact that the Defendant was suffering from the depression at the time of the instant crime is recognized. However, in light of all circumstances such as the background of the crime, method of the crime, act before and after the crime, etc., the Defendant had no ability to discern things or make decisions.

Since it cannot be deemed that there was a state or weak, the above assertion is rejected.

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