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(영문) 수원지방법원 2018.04.04 2018고단84
재물손괴
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. If the defendant fails to pay the above fine, 30 days.

Reasons

Punishment of the crime

On December 9, 2017, the Defendant: (a) destroyed the property equivalent to KRW 920,00,00 by putting the door door door door room in front of the 3rd apartment complex managed by the Victim C, a management warden, on the ground that E, a security guard, did not raise the entrance breaker; (b) putting the door door door in the guard room; and (c) putting the body in the guard room; and (d) putting in the sealphone, 70,000, 110,000, 110,000, and 40,000, in total, damaged the wall door door room of KRW 920,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C;

1. E statements;

1. The scene of damage and photographs of damaged articles;

1. Investigation report (the result of the verification of CCTVs in the D Guard room);

1. Application of each written estimate statutes;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of punishment by a fine not exceeding 7 million won] : The defendant has a record of being punished by violence, etc., and the defendant has committed the crime of this case without being aware of even though he/she is a repeated crime period. The circumstances favorable to the defendant who committed the crime of this case without being aware that he/she committed the crime of this case: The defendant does not drink again while he/she seriously reflects and does not commit such crime.

In addition, considering the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, occupation, environment, the background, details, and circumstances after the crime, the punishment was determined as ordered by considering the fact that the injured party does not want the punishment of the defendant due to the recovery of damage.

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