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(영문) 수원지방법원 안양지원 2017.09.27 2017고단438
재물손괴등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[2017 Highest 438]

1. On March 13, 2017, the Defendant who damaged property: (a) found the victim’s “D” 2-story office located in Annyang-gu Mayang-gu Mayang-si C in Annyang-si, Annyang-si on the second floor of “D” and without any justifiable reason, damaged the Defendant’s property so that the Defendant’s repair cost amounting to KRW 88,000,000, by destroying the entrance door glass owned by the victim.

[2017 Highest 1140]

2. On May 31, 2017, the Defendant boomed the victim H (75 tax) who was a customer in a different table and spawn while under the influence of alcohol in the “F tea” located in Sanan-gu, Sanyang-gu, Sanyang-gu, Sanyang-si, Sanyang-si, and boomed the victim by spawning the victim’s face.

Summary of Evidence

[2017 Highest 438]

1. Statement by the defendant in court;

1. A written statement prepared in the I;

1. Investigation report ( telephone conversations between victims);

1. Receipt for repair cost;

1. On-site photographs (2017 Height 1140);

1. Statement by the defendant in court;

1. Application of the statutes governing witness H’s legal statement;

1. Relevant Article 366 of the Criminal Act, Article 260 (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. Sentencing of Article 334(1) of the Criminal Procedure Act provides that the sentencing of a criminal defendant under Article 334(1) of the Provisional Payment Order - Unfavorable circumstances: The defendant was sentenced to one year of imprisonment for a crime of assault, etc. on June 1, 2016 at the Suwon Flag Flag and completed the execution of the sentence on January 15, 2017 and committed each of the crimes of this case by expressing another violent nature during the repeated period immediately after the release of the defendant, although there were several criminal records related to violence, the defendant committed each of the crimes of this case by expressing another violent nature during the repeated period after the release of the defendant - The defendant erroneous circumstances are recognized, the victim of the crime of destroying property does not want the punishment against the defendant - Other circumstances:

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