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(영문) 대구지방법원 포항지원 2018.04.19 2018고단142
재물손괴등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 23, 2018, the Defendant: (a) around 06:00, at C cafeteria located in Nam-gu, Nam-gu, Nam-gu; (b) without any reason, on the part of an employee of the said cafeteria, “one person is one, and the 53 years of age is two pilings.”

In two hands, the victim destroyed a 100,000 won of the market price managed by the victim by the method of the victim, and the victim interfered with the victim's restaurant business between approximately 13 minutes by cutting the disturbance, such as "Korean people B. D." and avoiding the disturbance.

Accordingly, the defendant damaged the victim's property and obstructed the victim's restaurant business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense and the point of obstructing the choice of punishment: Article 314 (1) of the Criminal Act (elective of penalty) Article 314 (Selection of Penalty): Article 366 of the Criminal Act;

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. In light of the fact that the crime of this case was committed on the grounds of violence in sentencing under Article 334(1) of the Criminal Procedure Act, there are a number of criminal records of punishment, suspension of execution, and fines, as well as the fact that the defendant committed the crime of this case only one month after release, the defendant should be punished strictly. However, the damage caused by the crime of this case is not limited, the victim D and the restaurant operators of this case do not want the punishment of the defendant, and the attitude of recognizing and opposing the error, etc. of the crime of this case, and other favorable circumstances such as motive, means and result leading up to the crime of this case, the circumstances after the crime of this case, the defendant's age, sexual behavior, environment, etc., the defendant is selected to impose a fine and the punishment is determined as ordered.

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