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(영문) 대전지방법원 2019.10.11 2019고정179
재물손괴
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 13, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor at the Daejeon District Court for fraud, etc. and the above judgment became final and conclusive on the 21st of the same month.

On April 5, 2018, the Defendant: (a) at the Seo-gu, Seo-gu, Daejeon, Seo-gu, Seoul; (b) at the price of the 1,00,000 won of the market price of TV, the Defendant, at the same time, damaged the amount of TV, thereby damaging the property of the victim.

Summary of Evidence

1. Each protocol concerning the examination of suspects of the accused and E by prosecutors;

1. A statement prepared by the F;

1. A photograph of a CCTV image data taken at the time of dispatch;

1. The application of Acts and subordinate statutes to report criminal records, references to criminal records, dispositions not before the disposition, and results of confirmation;

1. Article 366 of the Criminal Act and the choice of fines concerning the facts constituting the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant recognized a mistake in the investigative agency; that prior to the instant case, the defendant has no record of being punished as an act of violence; that the defendant has to consider equity with the case where the judgment was rendered simultaneously with the crime where the judgment became final and conclusive; however, the damage has not been completely recovered; that the defendant is not present in the trial; that the defendant does not attend the trial; and that other conditions of all the sentencing as shown in the instant records and arguments, including the defendant's age, character and behavior, environment, motive and circumstance of the crime;

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