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Reasons
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(영문) 수원지방법원 평택지원 2017.10.26 2017고단1194
특수재물손괴
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Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of two years on November 24, 2016 to imprisonment with prison labor for the crime of destroying special property from the Suwon District Court on the grounds of the crime of destroying special property. On December 2, 2016, the judgment became final and conclusive on December 2, 2016, and is currently under suspended sentence.

[2] On March 21, 2017, at the entrance of Pyeongtaek-si apartment 703 around 17:50 on March 21, 2017, the Defendant visited the victim D (the victim D (the victim 74 years of age) in order to meet the 74 years of age) and divided the first race into several times, but the victim failed to open the door, and damaged the first race at the market price, which is a dangerous object (the total length of 30cm).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. On-site and damaged photographs;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 369 of the Criminal Act applicable to the crime, Articles 369 (1) and 366 of the Criminal Act, the selection of fines for the crime, and the selection of fines;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The instant crime was committed on the ground of the sentencing of Article 334(1) of the Criminal Procedure Act, which committed a similar crime against the victim, and was sentenced to a suspended sentence of imprisonment, and again committed the instant crime during the suspended sentence period.

The sentence of imprisonment shall be imposed by a fine in consideration of the following: (a) the sentence of imprisonment is imposed; (b) the extent of damage is not significant; (c) the victim of the defendant and his/her related persons present in this court and wanting the defendant's wife by simple appearance; and (d) the defendant is old and health

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