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(영문) 서울중앙지방법원 2017.08.30 2017고정1059
재물손괴
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On September 27, 2016, at around 19:20, the Defendant removed the connection line of the ATM and damaged another’s property at the market price by removing the connection line of the ATM, thereby impairing the utility of the CTM and destroying another’s property on the ground that the Defendant’s personal phone, which was used by the Defendant, reported the breakdown with a personal phone installed adjacent to the ATM device, but was not a telephone call, on the ground that the withdrawn cash does not go out.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs of damaged articles and report on investigation;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is not appropriate, and considering the fact that the victim led to the formation of an agreement, but the defendant did not pay substantial damage, etc.

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