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(영문) 서울남부지방법원 2017.11.23 2017고단3961
특수재물손괴
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On June 25, 2017, around 02:13, the Defendant: (a) around 50-lane 89, Jinsan-ro, Geumcheon-gu, Geumcheon-gu, Seoul, caused the victim B, who was a taxi driver, to refuse to take passengers; and (b) caused the damage to the victim B, who was a dangerous object in front of the taxi (C) operated by the victim, by throwing one motor vehicle string in the amount of KRW 336,554, the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. A protocol of seizure and a list of seizure;

1. Application of the written estimate statutes;

1. Article 369 of the Criminal Act applicable to the crime, Articles 369 (1) and 366 of the Criminal Act, the selection of fines for the crime, and the selection of fines;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Even though the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order had been punished several times as violence force, the fact that the Defendant committed the instant crime is not good.

However, the sentence was determined by comprehensively taking into account the following factors: (a) the degree of damage is not severe; (b) the victim has agreed smoothly with the victim; (c) the confession and reflection of the crime; and (d) the defendant's age, sexual conduct; (b) circumstances after the crime; and (c) various sentencing conditions that are shown in the changed theories

It is so decided as per Disposition for the above reasons.

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