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(영문) 대전지방법원 2021.02.04 2020고정704
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

On August 28, 2019, the Defendant: (a) on the front of the Daejeon Dong-gu Daejeon-gu, Daejeon; (b) on the ground that the Defendant parked the 3 cargo loaded in a narrow pelle, the victim C, with a view to interfering with the passage of the narrow pelle, thereby damaging the left side of the said vehicle once by drinking once, and destroying the glass equivalent to KRW 20,000 won at the market price.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to the on-site and damaged photographs, repair receipts, photo description (E CCTV), vehicle comprehensive details (F), CD (CCTV) investigation reports (e.g., non-compliance with third attendance);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) is that the Defendant’s damage to the victim’s vehicle by drinking the victim’s vehicle is not good.

In particular, the Defendant was sentenced to a fine due to the same kind of crime of destruction of property, and even though there were several punishments due to the crime of violence, it is highly likely that the Defendant might be subject to criticism by committing the crime of this case.

The defendant has not recovered the damage to the victim until now, or has not received a letter from the victim.

On the other hand, the defendant has been punished several times due to the crime of immigration crimes.

However, the defendant recognized the crime of this case at the time of police investigation.

The value of the damaged property by the defendant is not so significant.

In full view of such circumstances and circumstances as the Defendant’s age, sex, environment, motive and background of the instant crime, means and consequence thereof, and circumstances after the instant crime, the punishment as ordered shall be determined.

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