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(영문) 서울북부지방법원 2017.05.24 2017고단155
재물손괴
Text

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

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

Reasons

Punishment of the crime

[criminal history] On November 27, 2014, the Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Seoul Northern District Court, and was sentenced to six months of imprisonment with prison labor at the Seoul Northern District Court on January 13, 2016, which became final and conclusive on January 29, 2016, and the sentence of the suspension of execution was invalidated. The Defendant was released on October 28, 2016 and passed on December 25, 2016 during the execution of the sentence.

[2] On December 31, 2016, around 23:30, the Defendant: (a) destroyed CCTV cables installed in front of the entrance of the victim Nos. 3 and 201 in Seongbuk-gu Seoul and 201 (n, 57 years of age); (b) on the ground that the relationship with the victim is not good, the Defendant destroyed CCTV cables installed in front of the entrance No. 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing the crime photograph of the victim;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Fines of 50,000 to 140 million won;

2. The fact that the sentence was repeated during the period of repeated crime, the fact that the victim is a disabled person suffering from heavy wind, and the fact that the victim had passed the sentence and escaped is disadvantageous.

On the other hand, the fact that the injured party does not want the punishment of the defendant by agreement with the injured party, that the economic damage caused by the crime of this case does not seem to be high, and that the support for three minor children is advantageous.

In light of the above circumstances, the sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined only once, and the punishment is determined as ordered.

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