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(영문) 춘천지방법원 2018.03.26 2017고정458
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is an engineer of leke, and B is an employee of “C”, and two are relatives.

On July 16, 2017, the Defendant and B: (a) around 00:35 on July 16, 2017, on the ground that the victim F (67 e.g., South) was secured with a black box box box of the GTRa XG car parked by the victim F (67 e.g., South) before the main point of “E”, the Defendant and B destroyed the said vehicle by gathering plastic chairs in front of the said vehicle and destroying them with the back glass of the said vehicle; and (b) the Defendant damaged the said vehicle to repair cost of KRW 1,282,312, such as destroying the said vehicle with a stone (30 m in diameter) in front of the said vehicle.

Accordingly, the defendant and B jointly damaged the vehicle owned by the victim.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the defendant or B;

1. A written statement;

1. Application of the relevant photograph and quotation statutes

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 366 of the Criminal Act, the selection of fines, and the selection of fines;

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

1. There are elements for sentencing favorable to the defendant, such as the fact that the injured party does not want the punishment of the defendant, and that the defendant and B have compensated for losses according to the agreement with the injured party, in agreement with the injured party on the reason of sentencing of Article 334(1) of the Criminal Procedure Act.

However, there are many elements of sentencing unfavorable to the defendant, such as the following: (a) the crime of this case, which damages the front glass of the vehicle or damages the vehicle by gathering plastic chairs, is not good; (b) the defendant, even after being served with a writ of summons, has been in a unfaithful trial by failing to attend the trial; and (c) the defendant has been punished for violent crimes such as injury and damage.

In addition, all other circumstances such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the argument of this case.

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