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(영문) 광주지방법원 목포지원 2019.10.18 2019고단329
특수재물손괴
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On March 26, 2019, the Defendant: (a) around 00:45, the Victim C, operated by the Victim C, who was in Franpo City B, destroyed the tables owned by the victim so that the repair cost amounting to KRW 300,000,000, by putting the iron bags, which are dangerous articles that were adjacent to B, due to the reason that his employees are infinited; and (b) cutting the table onto the wall of the table, making it possible for the Defendant to cut off.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Investigation report on the current state of the damage to property, and photographing pictures of dispatched police officers;

1. Application of the Acts and subordinate statutes to the investigation report (the confirmation of CCTV images and the hearing of victim C telephone statement);

1. Article 369 (1) and Article 366 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that there are many similar violent crime records against the defendant, and the fact that the defendant committed the instant crime during the period of repeated crime is disadvantageous to the defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the instant crime, the degree of damage is minor, the victim wants to leave the defendant's wife because the victim was agreed smoothly with the victim, the fact that the defendant was working as an insurance solicitor after release, and was engaged in a normal social life, the punishment as ordered shall be determined by taking into account the age of the defendant, character and conduct, family relations, etc., as well as all the circumstances of sentencing specified in the records and arguments.

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