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(영문) 대구지방법원 안동지원 2017.11.10 2017고단542
재물손괴
Text

1. The defendant shall be punished by a fine of six million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

피고인은 2017. 8. 10. 14:30 경 안동시 C 앞길에서 술에 취하여 아무런 이유 없이 그곳에 주차되어 있는 피해자 주식회사 SK 네트 웍스 소유인 D 벤츠 승용차 보닛에 물통을 집어던져 수리비 1,385,000원 상당이 들도록 위 승용차를 손괴하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reporting on the arrest of a case;

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

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

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act with respect to the instant crime is not good in light of the background, method, etc.

The defendant committed the crime of this case even though he had a record of criminal punishment including the same kind of power.

In particular, even though the Defendant had been sentenced to imprisonment with prison labor for the same kind of crime, the Defendant committed the instant crime at the same time during several months after the completion of the sentence. This is an unfavorable circumstance to the Defendant.

The Defendant confessions all of the crimes of this case and reflects them.

The defendant's family members who appear to be the actual victim (the victim of the official death room) agree with the family members of the Co., Ltd. (the victim of the rental car company) and completed the repayment of the damage.

This is the circumstances favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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