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(영문) 수원지방법원 2016.05.19 2015고단5000
특수재물손괴
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On August 19, 2015, the Defendant damaged the above vehicles by using cement brick (18cm, street 38cm, height 10cm) in the instant indictment, which is a dangerous article in the parking lot, a cement brick (18cm, street 38cm, height 10cm) owned by the victim C, DK3, and Fra vehicle owned by the victim E, which, without any justifiable reason, was parked in the roadside parking lot 189, at around 19:5, Suwon-gu, Suwon-si, Suwon-si, Suwon-si, 2015.

Although the defendant denies the use of the hack pipe, the evidence submitted by the prosecution alone was damaged by the defendant using the hack pipe.

Since there is a lack of recognition, this part is not written in the facts of crime.

For the repair cost to be equivalent to KRW 5,697,80 by using Eul, the victim's property was damaged, such as shouldering the front glass, back glass, and driver's seat glass of the above K3 vehicle and destroying the driver's seat even, and shouldering the repair cost to be equivalent to KRW 1,782,614.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police for C and E;

1. G statements;

1. Written estimate;

1. Previous convictions: Application of inquiry letter, such as criminal history, investigation report (limited to a criminal suspect's previous convictions and judgment) and other Acts and subordinate statutes;

1. Articles 369 (1) and 366 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment (the defendant is against his/her gender, the agreement was reached with some victims, the partial amount was deposited for some victims, the defendant is responsible for his/her family's livelihood, and he/she does not commit any further crime;

and considering the fact that the intention of improvement is increasing, etc.

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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