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(영문) 수원지방법원 평택지원 2020.04.24 2019고단1588
특수재물손괴
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

Around 00:40 on September 13, 2019, the Defendant was a resident of Pyeongtaek-si B Housing C, and the Defendant destroyed the steel colon’s 350,000 won for repairing the steel colon by finding it as D where the victim E (36 years of age) resides with D, which is a dangerous object that was kept in the Defendant’s residence, due to noise in the same housing D, and 1 flick (a total length: about 40cm, about 35,00 won: 350,000 won for repairing the steel colon.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on fire-fighting (special destruction and damage of property);

1. Application of field photographs and case photographs statutes

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of punishment;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won;

2. The sentencing criteria are not applicable as the scope of a fine according to the sentencing criteria has been selected. 3. Determination of the sentencing criteria is made in full view of all the sentencing factors expressed in the pleadings of the instant case, including the circumstances below the sentencing criteria and the Defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc.

D. Unfavorable circumstances: (a) the victim's residence mispers that noise between floors has occurred and the victim's residence alone makes it difficult to straw and damages the above residence entrance door several times; (b) the crime was considerably poor; (c) the defendant had already been punished by imprisonment on August 30, 201, by a special intimidation on the ground of the same type of noise noise; (d) six months of suspension of execution; (e) two years of probation suspension; and (e) the probation officer, etc. had conflict with the neighbor.

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