(영문) 울산지방법원 2019.09.27 2019고단1631

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(영문) 울산지방법원 2019.09.27 2019고단1631

재물손괴

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around 01:00 on April 10, 2019, the Defendant was moving to the head of D-si, which was operated by C(59 years of age) by the victim C (the 59 years of age) on the adjacent road in Gyeyang-si, Yangsan-si, and damaged the Defendant’s mobile phone so that the amount of 176,000 won of the cost of repair of the taxi front of the taxi owned by the victim was destroyed by putting the Defendant’s cell phone toward the front of the taxi operated by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on occurrence (the crime of destroying and damaging property);

1. Written estimate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act and Selection of Penalty concerning the Crime. Article 366 (Selection of Fine)

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the following: (a) the nature of the crime is not good in light of the method and form of the crime; (b) the circumstances at the time of the crime; (c) there are many records of having been punished for the same violent crime; (d) on February 15, 2016, this court was sentenced to imprisonment with prison labor for six months for the obstruction of performance of official duties; and (e) released from the prison, without being aware of the fact that the crime in this case was committed during the period of repeated offense; and (e) the fact that the possibility of criticism is not small; (e) the defendant appears to have committed the crime that was unfavorable to the defendant; (e) the defendant recognized the crime in this case at the time of sobriing and against it; and (e) the degree of damage caused by the crime in this case was not significant; and (e) the victim and the victim do not want the punishment against the defendant by agreement.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc. and the conditions of the punishment as shown in the pleading.

참조조문

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