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(영문) 의정부지방법원 2017.09.14 2017고정1518
재물손괴
Text

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

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

Reasons

Punishment of the crime

On March 27, 2017, the Defendant: around 00:40 on March 27, 2017, at a singing room operated by the Victim C, which had a problem of the drinking value with the victim, and caused the damage of KRW 500,000 of the repair cost by placing the beer’s disease on the singing monitor and the entrance glass, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols prepared by the police preparation and statement of C, and photographs of the damaged scene;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant’s acknowledgement of the instant criminal facts and reflects his mistake; (b) the Defendant agreed with the victim only smoothly; and (c) the fact that there was no record of any special criminal punishment except for those punished twice by a fine due to a violation of the Vocational Stability Act in around 2013, etc.

On the other hand, however, the crime of this case committed by the defendant who had been on the issue of return of the drinking value paid in advance and was damaged by a beer's singing monitoring, etc. on the victim's possession of the crime in light of the contents and methods of the crime, etc., shall be determined as ordered by taking into account the following various circumstances, including the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime of this case, the motive and consequence, means and consequence of the crime of this case, the criminal records, family relations, economic circumstances, etc., as shown in the argument of this case, and the punishment of this case shall be determined as ordered.

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