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(영문) 대전지방법원 2016.12.23 2016고정1299
재물손괴
Text

1. The defendant shall be punished by a fine of five hundred thousand won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On July 5, 2016, at around 22:20, the Defendant: (a) left a taxi before Daejeon-gu, Daejeon-gu, Daejeon-gu, and parked in alley trees, and caused a taxi to go up from the entrance of the alley due to the victim CD D's car, which was parked in a alley, and thus, (b) caused the damage of the victim’s property to cover repair costs equivalent to KRW 200,000,000, by cutting the string of the passenger car owned by the victim by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Writtens and written agreements;

1. Application of initial measures, reporting on destruction of and damage to objects, and statutes on photographs of damaged vehicles;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the defendant, and the fact that the defendant compensated and agreed on the damage to the victim is favorable to the defendant.

However, the circumstances are disadvantageous to the defendant, such as that the defendant damaged a vehicle parked solely for reasons of somewhat inconvenience in passage, that the defendant has the records of the same kind and different types of crime, including three times of sentence, two times of suspended execution, and twenty times of suspended execution.

In full view of these circumstances, the sentencing conditions as shown in the records and arguments, including the defendant's age, character and conduct, environment, etc., the sentence shall be determined as ordered in consideration of the amount of the fine imposed by this court and each court of the Republic of Korea in similar cases.

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