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(영문) 대전지방법원 천안지원 2017.04.21 2016고정582
재물손괴
Text

The sentence against the accused shall be 1.5 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On March 17, 2015, the Defendant, who is the chief executive officer of HH, was employed as a driver for the performance of the Victim C, and went out on May 2, 2015. On June 22, 2015, the Defendant again joined as a driver for the performance of the Victim C.

On September 12, 2015, around 03:12, the Defendant destroyed and damaged the victim’s market value, which is set up on the road route of the first floor of the Nam-gu, Nam-gu, Seoul Special Metropolitan City (State) H, the second floor of H, which is located on the road route of the second floor of the city of the victim’s possession, in an influence manner and damaged its utility.

Summary of Evidence

1. Each legal statement of C, D, E, F, and G;

1. On-site photographs, on-site photographs and CCTV photographs;

1. Investigation report (Investigation of a witness J) (at the time of the instant case, the Defendant passed through a place where he was different from each other under the influence of the Defendant at the time of the instant case, and entered a resting room for female workers;

In full view of the circumstances, such as the remaining diving up to the day of the instant accident, the Defendant’s refusal to engage in the instant crime, etc., and the fact that it appears that the instant accident would not go beyond the beds without being pushed by force in light of the weight, size, etc., and that the Defendant himself recognized the victim of the instant crime, it can be sufficiently recognized that the Defendant committed the instant crime.)

Application of Statutes

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The grounds for sentencing under Article 186(1) of the Criminal Procedure Act, the form and degree of the crime of this case, the records of criminal punishment by the defendant (Provided, That no record exists after around 2001), the victim does not want the punishment of the defendant, and other circumstances shown at the trial of this case, including the defendant's age, sex, environment, and details of the crime, shall be comprehensively taken into account and determined as the sentence as ordered.

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