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(영문) 대전지방법원 천안지원 2015.07.16 2015고정327
재물손괴
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a relationship between the victim C and the family.

On October 02, 2015, around 08 19:10, the Defendant found the house of Dong and C (57 years of age, 57 years of age, and inn) residing in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and 101, and opened the door by opening the door, and the victim E (the facts charged in the indictment is stated as the victim, but C is stated as the tenant of the above building, and the owner of the damaged window is also considered as E, and the Defendant also recognized the above facts. Thus, the Defendant did not give substantial disadvantage to the Defendant’s defense, and thus, the market price of 135,000 won owned by the victim was damaged.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of C’s statement;

1. A statement in a written estimate;

1. Application of video-related Acts and subordinate statutes to the site and damaged photographs;

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 sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is likely to be suffered by C where the defendant committed the crime for the reason of sentencing (section 15 of the Investigation Record), the defendant has been punished once due to the crime of causing property damage, and three times due to violent crimes; on the other hand, the defendant compensated for the damage after receiving the summary order and agreed smoothly with the victim E; there is no record of criminal punishment exceeding the fine; the defendant has no record of criminal records after 2002; the defendant has no record of criminal records after 2002; the defendant's age, character, conduct and environment and other various sentencing conditions shown in the argument of this case including the defendant's age, character and behavior.

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