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(영문) 제주지방법원 2020.01.31 2019고정448
재물손괴
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

[Amount of the charge] On September 19, 2018, the Defendant: (a) around September 19, 2018, at the front day of the Jeju Island, the Defendant: (b) caused the Defendant to go to the victim C (the age of 34) to go to the flag; (c) caused the Defendant to damage the said car to the extent that the Defendant would go to the upper part of the Dominctor’s car; and (d) caused the Defendant to go to the lower part of the repair cost.

Summary of Evidence

1. Partial statement made by the defendant in this Court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Partial statement of suspect interrogation protocol as to C prepared by the police;

1. A written statement prepared in C;

1. Statement and image (including attached CDs) of a police report (to be accompanied byCCTV image);

1. Application of each of the related visual Acts and subordinate statutes;

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

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

1. 【The grounds for sentencing under Article 334(1) of the Criminal Procedure Act 【The scope of the sentence imposed under the law 【the scope of the sentence to be imposed in accordance with the sentence of punishment 】 The Defendant, who is a fine of KRW 50,000,000,000, is asserting that the fine of KRW 500,000,000 is too excessive. As such, in light of the motive for the instant crime, the accurate amount of damage incurred from the instant crime cannot be known, and the following, the Defendant is acquitted of the Defendant of the damage amount (the victim’s assertion that KRW 6,719,900) out of the instant case, as seen below, it appears that the amount of the fine initially notified to the Defendant by the summary order is somewhat excessive,

【Unguilty Part】

1. On September 19, 2018, the Defendant: (a) around September 19, 2018, on the front day of Jeju Island, the Defendant: (b) destroyed the said car in a way that the Defendant would be able to enter a bar from the victim C (the age of 34); and (c) sited on the wells of the D U.S. passenger car owned by the victim and damaged the said car so that its repair

2. On the one hand, it is part of the protocol of interrogation of the police preparation C, which seems to correspond to this part of the facts charged.

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