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(영문) 서울중앙지방법원 2019.09.26 2019고정1412
재물손괴
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

On November 9, 2018, the Defendant was sentenced to one year of imprisonment for similar rape at Seoul High Court, and the judgment became final and conclusive on November 17, 2018.

The defendant became aware of the victim B through the Internet hosting display, and came to the residence of his female in the Dong-gu, dong-gu, dong-gu, dong-gu around 00:01 on March 7, 2018.

At the victim's residence, the defendant walked the above victim's 250,000 won of the market price owned by the victim who did not return to the outside, thereby shouldering the vehicle monitor by generating one Samsung Nowon-gu, which is equivalent to 2.50,000 won, and the defendant had a string and a cover with the victim's market price equivalent to 4,50,000 won.

Accordingly, the Defendant destroyed the victim's lapt North Korea, bank, etc. and concealed the labus.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in the police statement concerning B;

1. Statement B;

1. Photographs related to the case;

1. Previous convictions in judgment: Application of investigative reports (Attachment to the final judgment of a suspect in cases of similar rapes);

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is based on all circumstances, including the fact that the spread among the damaged goods of this case was returned, but the defendant did not make efforts to recover damage to the damaged goods, the defendant has been sentenced one time to a fine due to the crime of causing property damage and a criminal record having been sentenced several times including the past sentenced to a fine due to the crime of causing property damage, and the fact that it is necessary to consider equity with the case of judgment

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