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(영문) 대전지방법원 서산지원 2021.01.13 2020고단962
특수재물손괴등
Text

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

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

Reasons

Punishment of the crime

At around 14:20 on May 2, 2020, the Defendant: (a) in D offices operated by the victim C in Jin-si, Jin-si; (b) by inserting two computer monitors equivalent to the sum of the market price of the victim C owned by the victim on his book on the grounds that the business of selling the dead body distributed to the Defendant was revoked; (c) continuously damaged the victim’s building by inserting the shock net of the container C owned by the victim; and (d) continuously damaged the cost of repair by inserting the shock net of the container C owned by the victim to the extent that the repair cost would amount to 15,000 won; and (d) subsequently, the Defendant laid off four times the glass window of the FF bus owned by the victim, parked behind the container container, but the glass was not broken.

Accordingly, the defendant carried dangerous articles and attempted to destroy or damage the victims' property, but attempted to commit such an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to C, G, and H;

1. On-site reports (Attachment ofCCTV image data);

1. A receipt for replacing a shock network;

1. Application of statutes on motor vehicle registration certificates;

1. Relevant provisions of the Criminal Act and Articles 369(1) and 366 of the Criminal Act, Articles 371, 369(1), and 366 of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant is under suspension of the execution due to a special injury, the crime of this case is again committed, and considering the means and methods of the crime, etc., the crime of this case is not less complicated, and the defendant recognizes and reflects the crime, and the victims do not want the punishment of the defendant, and all of the arguments of this case are shown in favorable circumstances, such as the defendant's age, sexual behavior, environment, family relation, circumstances after the crime, etc.

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