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(영문) 인천지방법원 2016.09.29 2016고단5663
재물손괴
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On August 27, 2016, at around 19:30 on August 27, 2016, the Defendant called the Defendant’s father from the public telephone section located in front of Incheon Bupyeong-gu, Incheon, to send the subscription money.

In other words, the fire fighting unit, which was cited as a fire fighting unit due to the refusal of the fire fighting unit, 1m of the above public telephone window ( approximately 50cm in width, about 1m in vertical length) was damaged by destroying one copy of the public telephone window that is equivalent to 30,000 won at the market price owned by the victim Kinger Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of investigation report (verification of a person who has the right to file a lawsuit of this case, which is an object of damage to property) Acts and subordinate statutes;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

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

1. Although the nature of the crime is light of the motive and circumstance of the instant crime for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order, the Defendant did not have the same criminal history; the Defendant did not properly meet his own telephone but did not properly meet the conversation with himself; the victim’s degree is very minor and the damage was recovered due to the payment of the injury.

In addition, considering the fact that the defendant is able to see that he is living in custody for a considerable period of time, and all other circumstances that are conditions for sentencing, such as the defendant's age, sex, occupation, environment, family relationship, etc., the punishment is determined as above.

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