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(영문) 창원지방법원 2016.06.16 2016고단776
특수재물손괴
Text

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

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

Reasons

Punishment of the crime

Around 14:50 on October 24, 2015, the Defendant driven a C-Scar car, and operated a P-Scar car, which is driving in front of the 72 Changwon Station at the window of Changwon-si, the Defendant was driving in front of the 72 Changwon Station from the direction of the small river square to the P-Sa Hospital.

At this time, the victim E, who was running from the side of the Pap Hospital to the small-line square, was found to be in the middle line from the side of the Pap Hospital, and the Defendant: (a) changed the course from three lanes to two lanes; (b) the victim changed the course to one lane; (c) the victim changed to another; (d) the course to one lane; and (e) the victim changed to another two lanes; (e) the victim changed to another two lanes; and (e) the victim changed to another two lanes; and (e) the eth shift to another two lanes; and (e) the Defendant, who was an object dangerous to the left side of the said small-line passenger vehicle, caused the collision of the back-line part of the said small-line passenger vehicle; and (e) the Defendant damaged the repair cost to 363,856 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on investigation;

1. A traffic accident report;

1. Application of the statutes governing a written estimate;

1. Article 369 of the Criminal Act applicable to the crime, Articles 369 (1) and 366 of the Criminal Act, the selection of fines for the crime, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant driving a retaliation on the ground that the victim was scambling and destroying the victim's car, and thus, the crime is not easy: Provided, That the punishment is determined as ordered in the Disposition, taking into account the favorable circumstances in which the defendant was first and mistakenly repented, and taking into account other favorable circumstances, and taking into account the defendant's age, sex, family environment, motive and circumstance of the crime, means and consequence of the crime, and all of the sentencing conditions specified in the arguments, such as the circumstances after the crime, etc.

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