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(영문) 울산지방법원 2020.01.17 2019고단1422
재물손괴등
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Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[Criminal Power] On February 20, 2018, the Defendant sentenced ten months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) at the Ulsan District Court on February 20, 201, and completed the execution of the sentence at the port prison on October 30, 2018.

【Criminal Facts】

1. On January 13, 2019, at the entrance of “D” dental hospital operated by the victim C on the third floor of the building B located in Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-do, to receive treatment under the influence of alcohol even if the time of the above hospital was not the time of medical treatment, and the Defendant forced the victim’s possession of the entrance entrance door, which was installed on the said entrance, destroyed the said entrance to make two compacts installed on the said entrance to cut off, thereby causing the repair cost of KRW 40,00.

2. The Defendant, who was affected by a structure, destroyed a gate attached to the entrance on the ground that he was able to receive medical treatment at the time, place, as mentioned in paragraph (1), and then partitioned the entrance into the entrance, and intruded into the structure managed by the victim.

Summary of Evidence

1. C’s statement;

1. Application of a written estimate (prior records) criminal records, etc., and the application of one copy of a written judgment;

1. Relevant Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act of the Labor House Detention Act are as follows: (a) the Defendant paid repair expenses to the victim and agreed that the victim would not be punished by the Defendant; (b) the degree of damage is minor; and (c) the Defendant’s age, environment, and the Defendant did not proceed to another crime after entering the hospital; and (d) the Defendant’s age, age, and the process of entering the hospital under the influence of alcohol; (b) the method and consequence of the crime; and (c) the circumstances after the crime, etc., shall be determined as ordered by taking

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