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(영문) 대구지방법원 포항지원 2017.07.13 2017고단587
재물손괴등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[criminal record] On December 8, 2011, the Defendant was sentenced to a suspended sentence of two years for the reason of obstructing the performance of official duties in the Daegu District Court’s Branch Branch, and on November 3, 2016, the Defendant was sentenced to a suspended sentence of two years for the same court on November 3, 201, and was sentenced to a suspended sentence of eight months for obstructing the performance of official duties, and was sentenced to a suspended sentence of two years for the same court on January 11, 2016 and was sentenced to a final judgment on January 18, 20

[Criminal facts]

1. On May 10, 2017, the Defendant: (a) destroyed the property by making up several times a back-to-door fishing on the right-hand side of the said car, on the ground that it is difficult for the Defendant to pass by the C observer car, which was parked in front of the port-to-port church located in the south-gu, 202, prior to the port-to-port church located in the south-gu, 202, due to the difficulty of passing by the victim’s C observer car.

2. Around May 10, 2017, the Defendant insultd the victim publicly by publicly insulting the victim on the front of the road located in south-gu, Nam-gu, Dong-gu, on the ground of the foregoing paragraph (1) and paragraph (1) of the same Article, such as a fabb, etc. that is passed on the ground that the victim G was asked about his/her personal information, on the grounds that the police box belonging to the police box belonging to the police station located in the port north of the port north of the Republic of Korea was sent out after being reported on May 10, 2017, on the ground that he/she is asked about the victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to B and G;

1. A H statement;

1. Application of each statute on photographs;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense, and Article 311 of the Criminal Act concerning the selection of punishment (the point of damage to property and the selection of fines)

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 is that the defendant repents his mistake, the fact that the injured party of the crime that damages property does not want the punishment of the defendant, and the punishment shown in the arguments of this case, such as the age, environment, sex, motive for the crime, and circumstances after the crime.

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