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(영문) 창원지방법원 2021.02.09 2020고단3731
재물손괴
Text

The sentence against the accused shall be set forth as a fine of six million won.

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

Reasons

Punishment of the crime

Around 05:50 on July 16, 2020, the Defendant: (a) destroyed the part of the DaMW car owned by the victim C, which was under influence of alcohol on the street in front of the “B building in Seongbuk-gu, Changwon-si, Sungwon-si” without any particular reason, to cover KRW 10,300,000,000 in the number of the repair cost by generating the car’s defects in order, and then destroyed the part of the DoMW car owned by the victim C, which was parked at the same time; and (b) subsequently, the front one of the Fpole of the car owned by the victim E, which was parked at the same time, was set up in front of the front pent and Bob unit part of the car’s car and then divided it into KRW 6,50,000,000 in the aggregate of repair cost.

Accordingly, the defendant damaged the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report the occurrence of a victim's written statement, internal investigation reports, photographs, estimates, and investigation reports;

1. Relevant Article 366 of the Criminal Act, the choice of punishment, and the choice of fine for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. According to the records and arguments of the sentencing of Article 334(1) of the Criminal Procedure Act, the punishment shall be determined as ordered by taking into account the following factors: (a) the reason behind and methods of the crime; (b) the attitude after the crime was committed; and (c) whether the damage was recovered.

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