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Reasons
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(영문) 창원지방법원 통영지원 2019.05.08 2019고단38
재물손괴
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On November 9, 2018, the Defendant: (a) around 03:00 on November 9, 2018, the Defendant: (b) reported the DNA-learning car parked by the victim C, which was parked by the victim C, on the ground that the date of divorce between the wife and the divorce from the front of the B building in the macro-si Building; and (c) destroyed the repair cost to cover KRW 439,426 by walking the door even twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the written estimate statutes;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The scope of applicable sentences by law: Fines of 50,000 to 7 million won; and

2. Non-application of the sentencing criteria;

3. Determination of sentence: The defendant has repeatedly committed violent crimes during the last three years.

This case is committed during the period of suspension of execution of each judgment sentenced to punishment for violence and obstruction of performance of official duties.

However, in the event that imprisonment with prison labor is finalized as to the instant case, a total of one year should be imposed as a result of the invalidation of the suspension of execution. In light of the fact that there is no significant damage caused by the instant case and that the Defendant agreed with the victim, this is somewhat harsh to the Defendant.

Taking this into account, it shall select fines.

Other circumstances revealed in the trial process of this case, such as the age, character and conduct, environment, family relationship, etc. of the defendant, shall be determined as per the disposition.

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