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(영문) 전주지방법원 정읍지원 2016.01.12 2015고단291
협박등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is in a state of mental and physical weakness whose ability to make decisions has been deteriorated due to a certain impossibility mental disorder.

1. On May 20, 2015, around 17:25, the Defendant damaged public goods found in a usual village health care center located in 257 in the front Go Chang-gun, Go Chang-gun, Go Chang-gun, a 2015. On the other hand, the Defendant: (a) destroyed a plastic file stuff, which is a public object of KRW 2,90,00 at the market price, used for the postal box of a health care center in this place by using a blusium.

Accordingly, the defendant damaged public goods.

2. The Defendant damaged property by putting the victim C-owned D-C-owned d-kicker on the date and time set forth in paragraph 1, and at the same time and at the place set forth in paragraph 1, the above health care center’s door was locked, and putting the victim C-owned d-kicker on a tree, thereby damaging the market price of 174,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Domestic history reports - photographs of damaged vehicles and photographs damaged by mail boxes;

1. Investigation report (related to the submission of a detailed statement of repair expenses between the victim's motor vehicles); specifications of motor vehicle inspection and maintenance;

1. Investigative report (related to the computation of the post boxes of health clinics in normal villages), - Application of the Acts and subordinate statutes of photographics and price lists by capturing file gamblings;

1. Relevant legal provisions of the Criminal Act, Article 141(1) of the Criminal Act (the point of damage to goods for public use, the choice of fines) concerning facts constituting an offense, and Article 366 of the Criminal Act (the point of damage to goods and the selection of fines);

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

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 Defendant committed the instant crime without being able to keep the reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant was a suspended sentence due to the instant crime, etc., under the unfavorable circumstances to the Defendant, and the Defendant was starting to commit the instant crime.

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