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(영문) 서울남부지방법원 2018.08.08 2018고단2441
재물손괴등
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

1. On March 23, 2018, the Defendant: (a) around 20:45, the Defendant destroyed the microphones installed in a singing room on the ground that the victim’s 1st floor underground floor of the Guro-gu Seoul Metropolitan Government B building did not sell alcoholic beverages, and the victim does not sell alcoholic beverages, and (b) caused the damage to the microphones installed in a singing room and the microphones in the market value equivalent to KRW 1.50,000,000, the market value of which is owned by the victim.

2. On March 23, 2018, the Defendant violated the Punishment of Minor Offenses Act (hereinafter referred to as the “Offense Punishment Act”) and without permission in front of Guro-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of each statute on photographs;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 3 (1) 12 of the Punishment of Minor Offenses Act, and the choice of fines for each crime;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, based on comprehensive consideration of the following: (a) the background and content of each of the instant crimes; (b) the degree of damage; and (c) the victim does not want the punishment in the case of the crime of destroying property; and (d) all of the criminal records up to the relocation of the instant crime; and (c) the criminal records up to the criminal records prior to the instant crime; and (d) the age, career, health status, and family relationship of the Defendant

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