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(영문) 청주지방법원 영동지원 2018.01.11 2017고정30
재물손괴등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the charge of assault is acquitted.

Reasons

Punishment of the crime

On July 6, 2017, at around 13:00, the Defendant destroyed the property owned by the victim by taking up the 4,000 Won in the market where the victim cultivated into the dry field, and by taking up the abandonment of 24,00 won in the market where the victim cultivated into the dry field.

Summary of Evidence

1. Application of Acts and subordinate statutes governing field photographs prepared by the defendant's legal statement D;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

2. A fine of 300,000 won for which the sentence is suspended.

3. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse.

4. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence / [unfavorable circumstances] The crime of this case is destroyed by the Defendant’s extraction of the victim’s 24 waivers, and the nature of the crime is not somewhat weak.

The defendant did not receive a letter from the injured party.

[The favorable circumstances] The Defendant appears to be against the view of committing the instant crime.

There are circumstances that can be considered in the motive or circumstance of the crime of this case, such as leading the Defendant to the crime of this case, on the premise that the Defendant was extracted by the damaged person of the flowers that was deep in his own dry field.

A defendant has no record of any other crime, in addition to receiving a suspended sentence once as a pro rata crime.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, character and conduct, and circumstances after the crime, the punishment shall be determined as ordered.

The acquittal portion

1. The Defendant and the victim D(68) in the facts charged are the relationship between the neighbors and those who set up a farmer in the adjoining area, which is not good for one another due to a dispute over land boundary, etc.

On May 16, 2017, around 09:40 on May 16, 2017, the Defendant stated additional description because it is apparent that this part was omitted in light of the context before and after the facts charged.

In the middle, two people are wraped.

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