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(영문) 전주지방법원 2018.03.08 2018고정52
재물손괴
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a person who works as a limited company B.

On August 18, 2017, at around 09:00, the Defendant: (a) sent to the Defendant Company B’s employees F, who was in custody of the said taxi driver’s seat the documents containing the details of the company’s corruption and quality, etc. signed by the employees of the said company; (b) 30 copies of the documents, including the company’s corruption and quality, signed by the employees of the said company; (c) 10 copies of the documents, and 7 copies of the information, which were prepared to inform the media agencies of the contents of the company’s quality; and (d) 47 copies of the documents owned by the victim by ordering the Defendant Company F employees of the said company to retire the said documents at a garbage incineration place subsequent to the above notification.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of each statute on photographs;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant's motive or circumstance leading up to the destruction of each of the documents of this case owned by the victim is not easy. However, the defendant recognized the facts of the crime of this case and expressed his intention against the mistake, the victim cancelled the complaint of this case after the defendant's request for formal trial, the defendant actually was the first offender (the defendant was sentenced to a suspended sentence due to a violation of the Punishment of Violences, etc. Act in 2003, and there was no other penalty force), etc. shall be considered as favorable circumstances for the defendant, and the punishment shall be determined as per the order, taking into account all other circumstances prescribed in Article 51 of the Criminal Act.

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