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(영문) 광주지방법원 장흥지원 2020.01.16 2019고단251
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

1. On November 3, 2019, the Defendant destroyed the property damage by being drunk from the victim C’s operation D on November 3, 2019, around 13:30, 201, the Defendant destroyed the damage by putting one dictator equivalent to 50,000 won at his/her own market price, which was the victim’s possession, in his/her own possession, under the influence of alcohol from the victim C’s operation D.

2. On November 13, 2019, the Defendant, who was under the influence of a church on November 13, 2019, went to the view of the victims specified in paragraph (1) and entered the church in an open gate while under the influence of alcohol at around 18:45, Nov. 13, 2019.

The Defendant continued to remove plastics from the victim, laid the plastic gate, cut off, cut off, cut off, cut off, cut off, cut off, and damaged a plastic gate, which is a dangerous object from the scene, and 97Cm in total). The Defendant displayed the main entrance and the kitchen door to the kitchen, and damaged the 300,000 won in total, the market price of the victim owned by the victim.

Accordingly, the defendant invadedd the residence of the victim and damaged the victim's property by carrying dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Relevant Article 369(1) of the Criminal Act, Article 369(1) of the Criminal Act, Article 366 of the Criminal Act, Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, and the choice of fines for the crime;

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

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

1. The crime of this case is committed during the period of repeated crime for sentencing in Article 334(1) of the Criminal Procedure Act, the victim and the victim did not want to be punished, the victim submitted a written application that wishes to take the defendant's prior action, the defendant reflects his mistake in depth, the defendant's age, character and conduct, environment, health condition, motive and consequence of the crime, etc.

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