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(영문) 인천지방법원 부천지원 2017.07.20 2017고단600
재물손괴등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On October 31, 2016, the Defendant: (a) around 20:10, on a bus bus car located in Kimpo-si, Kimpo-si, Kimpo-si, requested a bus engineer C (46 years of age) to leave the bus to the victim; (b) took a bath to the victim; (c) pushed the victim’s body in his/her body; (d) boomed the victim’s breath; (c) boomed the victim’s breath; and (d) assaulted the victim’s face by drinking 3-4 times.

2. The Defendant damaged property by: (a) assaulting a bus engineer at the time, at the place, as described in paragraph (1) at the time, and at the above location; (b) cutting off the front glass window of the D bus owned by the Dispute Resolution Co., Ltd. to several times; and (c) destroying two copies of the front glass window, which is the ownership of the Dispute Resolution Co., Ltd.; and (d) destroying one son.

Summary of Evidence

1. Statement by the defendant in court (five installments);

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police for E;

1. Application of each statute on photographs;

1. Relevant Article 260 (1) of the Criminal Act (the point of violence) and Article 366 of the Criminal Act (the point of damage to property) and the selection of fines for a crime;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act has the record of serving the defendant with the reasons for the sentencing of 5 times the sentence for the same crime, suspended sentence two times, and sentenced several fines for the same crime. Despite the fact that even though the period of the same repeated crime is in excess of the period of the same repeated crime, the crime of this case is committed again without being aware of it, and the fact that it is not agreed with the victim of the assault is disadvantageously taken into account. On the other hand, the defendant reflects his mistake in this court, the defendant paid repair expenses and agreed smoothly with the victim of the damage of property, the two crimes are both assaults, and the defendant's age, sex behavior, circumstances leading to the crime, degree of assault, and circumstances after the crime, etc. shall be sentenced to a fine only once.

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