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(영문) 창원지방법원 진주지원 2016.07.20 2016고단436
재물손괴
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

From February 2, 2016, the Defendant: (a) had been able to make long-term care in the Delel operated by the victim C (n, 64 years of age) in Jinju-si; (b) around April 22, 2016, the Defendant demanded the victim to find out the victim on the 1st floor of the said teel and open the guide room; (c) however, the victim did not open the door; and (d) caused damage to the glass window (f0cm, 60cm in width, 60cm in length) at the market price of the victim’s vehicle owned by Jin-si-si, thereby destroying one copy of the guide room glass (f0cm in width, 60cm in length).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs destroying property;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. In light of the fact that the reasons for sentencing under Article 334(1) of the Criminal Procedure Act committed the instant crime even though the Defendant had been punished for the same kind of violent act several times, the punishment for the instant crime is not weak, but is determined as ordered by taking into account the circumstances favorable to the Defendant, such as the fact that the Defendant reflects his/her own crime, the value of the damaged property, the fact that the Defendant appears to have agreed with the victim, the fact that the value of the damaged property, the fact that the Defendant’s same criminal history has been over eight years, and that the Defendant’s same criminal history has been over eight years, and other various sentencing conditions as shown in the record and the theory of change, such as the Defendant’s age and sexual behavior.

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