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(영문) 부산지방법원 2016.10.13 2016고정2544
재물손괴
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On April 22, 2016, the Defendant was sentenced to one year and six months of imprisonment by Busan District Court due to damage to public goods, business obstruction, assault, and indecent act by force, and the judgment became final and conclusive on June 21, 2016.

On October 08, 2015, the Defendant destroyed and damaged property equivalent to KRW 700,000 of the market price by cutting off the E vehicle operated by the victim D(52 years of age) after cutting off the E vehicle on the front of the C Hospital located in the Dongdong-gu B, Sindong-gu, Sindong-gu, at around 06:20.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation (booms, videos, etc.);

1. Investigative reports (expenses incurred in repairing damaged vehicles);

1. Previouss before ruling: Criminal records, each written judgment, and the results of search of Konet case applying Acts and subordinate statutes;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act (the amount of fine determined by the summary order shall be reduced in consideration of the equity between the crime of damaging goods for public use, etc. on which the judgment has become final and conclusive) for concurrent crimes

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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