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(영문) 광주지방법원 2014.08.12 2014고정709
재물손괴
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 3, 2013, around 05:10 on August 3, 2013, the Defendant destroyed the above vehicle so that there is approximately KRW 2,615,300 of the pulse market price by setting up materials possessed at the time from even the driver’s seat of the FMW car owned by the victim E, which was parked in the front line of the “Dhop” in Gwangju-gu, Nam-gu, Gwangju-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of E;

1. Results of the reproduction and viewing of video CDs in this Act;

1. A damaged photograph;

1. In the case, the defendant and his defense counsel asserted that the above motor vehicle was found to have been found to have been damaged due to the occurrence of the damage to the motor vehicle, although the defendant's opening or opening, the victim's statement, damaged photographs, and in particular, the victim's statement, damaged photographs, and the result of the reproduction of video CD in this court shows that "the opening line was added to the PP, and there is a drop on the last part of the video CD," even if the defendant's court statement, it can be sufficiently recognized that the above motor vehicle was damaged as stated in the facts charged by the defendant).

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed the instant crime without being aware of the fact that he had been punished by a fine for the same kind of crime for around 2008, and in full view of all other circumstances, including the defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the amount of fine specified in the summary order cannot be deemed to be excessive, and thus, the sentence shall be determined like the order.

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