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(영문) 창원지방법원 진주지원 2014.08.14 2014고단278
재물손괴
Text

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

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

Reasons

Punishment of the crime

In August to September, 2013, the Defendant destroyed that the Defendant 20,758,000 won of the repair cost is 20,758,000 won by spreading the window trusses, stample door, bathing room, window glass, bedle, door door, etc. in the apartment in Sacheon-si, Sacheon apartment owned by the victim C, which was leased and resided by the Defendant at the time of temporary non-payment between August and September, 2013, on the ground that the victim did not promptly return the deposit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Full certificate of registered matters, apartment lease contract;

1. A damaged image photograph;

1. Application of the written estimate for damage;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant has been punished for the same kind of crime, and that the victim seems to have suffered considerable mental impulses with the property damage caused by the instant crime, and that the damage cannot be deemed to be less severe. However, on the other hand, the defendant is under his awareness of and against his own criminal act, and the defendant was under conflict between the victim and the refund of deposit, which resulted in the crime of this case in the course of his conflict with the victim, the defendant was under his own criminal act of this case, and the defendant was under his own effort to recover the damage, i.e., the defendant's age, family environment, means and result of the instant crime, etc., and other favorable circumstances that the defendant has made his own effort to recover the damage in the course of his trial, and the punishment shall be determined as ordered in the Disposition

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