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(영문) 창원지방법원 2016.01.27 2015고단2724
재물손괴등
Text

A defendant shall be punished by imprisonment for six months and a fine of 1,500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant injured by negligence had a duty of care to safely manage the dog by putting the dog in a single line so that the dog can not be able to ask people from the dog when the dog goes out and out of the dog.

Nevertheless, on August 16, 2015, the Defendant: (a) held in the Geum Park Park, which was located in the Hamn-si, Kimhae-si, Kim Jong-si on August 16, 2015; and (b) held on one occasion the victim B (n, 20 years old) who was under the said park due to negligence that did not combine the Defendant’s 3-mags with the Defendant’s kid the said park; and (c) caused the victim to take part of the frithal part on the left side of 10 days of treatment.

2. On September 25, 2015, at around 10:50, the Defendant damaged the part of the blurbed car owned by the victim E, which was parked at a police station due to the act described in the above paragraph 1, to have been present before the police station in order to undergo an investigation. However, on the ground that there was no chassis, the Defendant damaged the 473,000 won of the blurbed car, which was left from the ground, with a stone (2 cm in diameter) located far away from the ground.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. A criminal investigation report (Attachment of photographs of damaged parts), a criminal investigation report (Attachment of on-site photographs);

1. Application of Acts and subordinate statutes to a letter of commission of appraisal and a statement of automobile inspection and maintenance;

1. Relevant Article 266 (1) of the Criminal Act (the point of causing bodily injury by negligence, the choice of fines) and Article 366 of the Criminal Act concerning the facts constituting the crime (the point of destroying property and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act include the fact that the defendant has been punished for the same kind of crime in the past, the fact that the damage has not been recovered: Provided, That the defendant is against the mistake, the degree of damage has not been excessive.

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