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(영문) 대구지방법원 김천지원 2018.06.21 2018고정118
특수재물손괴등
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

1. Damage to special property;

A. From March 7, 2018, at around 00:30 on March 7, 2018, the Defendant, while living in the same village as the victim C (75) and not having good reputation, destroyed and damaged the glass window, blick, flick, which is a dangerous object to be found at the victim’s house located in Kimcheon-si, Kimcheon-si (120cm in length, 6cm in diameter).

B. At around 01:28 on the same day, the Defendant, at around the same time, destroyed the entrance, glass hold, and blopped by the pipe, which is a dangerous object by finding the victim’s house, and then, damaged the entrance, glass door, and blopped.

(c)

As above, the Defendant destroyed the above entrances, glass windows, air-conditionings, and bloards to the extent that the amount of KRW 4,290,000 is equivalent to the repair cost twice.

2. The Defendant infringed upon the victim’s residence at the time, at the place, at paragraph 1-b, and at the place, as set forth in paragraph 1-B, the victim C’s house glass, and then came to the house through a shouldered glass, and viewed the urine from the entrance to the house, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to internal investigation reports, investigation reports (Attachment of photographs on the scene of damage), investigation reports (Attachment of estimates), and investigation reports (to hear statements of victims);

1. Relevant provisions of the Criminal Act and Articles 369(1), 366 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, 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. Comprehensively taking into account all the factors of sentencing, including the fact that the sentencing of Article 334(1) of the Criminal Procedure Act reflects the reason for the provisional payment order, that an agreement is reached with the victim after the conclusion of pleadings, that there is no previous conviction exceeding the same kind of fine and that there is no good health support for the wife, etc., the sentence is determined as ordered.

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