(영문) 대전지방법원 천안지원 2016.10.20 2016고정457

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(영문) 대전지방법원 천안지원 2016.10.20 2016고정457

재물손괴

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

around 04:00 on March 22, 2016, at the “C” entrance of the Defendant’s operation of the Defendant located in Asan City, the Defendant destroyed the Defendant’s front glass of the said car owned by the victim, putting the stones on the floor of the victim D’s parking in front of the instant singing club on the ground that the victim D was parked in the front of the said car. The Defendant damaged the Defendant’s front glass of the said car owned by the victim to the extent of KRW 180,000,000 for repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Statement of the investigation report; and

1. A statement in a written estimate;

1. Application of Acts and subordinate statutes on images of photographs;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act include the following: (a) the Defendant’s damage to the front glass of the damaged vehicle by using stones and thus the case is not easy; (b) the Defendant has been punished three times by violent crimes (one time of suspended sentence of imprisonment and two times of fine); (c) the Defendant has a record of having been punished five times by double crimes (one time of suspended sentence of imprisonment and four times of fine); (d) the Defendant has a record of having been punished five times by double crimes; (e) the amount of damage is not relatively large; and (e) the Defendant compensates and agrees for damage to the victim; (e) the Defendant has no record of criminal punishment exceeding a fine after around 201; (e) the Defendant’s age, character and conduct, and environment, including the recognition of

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