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(영문) 부산지방법원 동부지원 2020.04.09 2020고단96

특수재물손괴

Text

A defendant shall be punished by a fine of 500,000 won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On December 14, 2019, at around 19:25, the Defendant visited the victim D(59 years of age) located in Busan Shipping Daegu B Apartment Co., Ltd, and demanded the victim to open several doors in order to have the victim talk with respect to the unpaid construction cost of KRW 9 million, the Defendant, but on the ground that the victim's entrance was not opened and opened the entrance, the Defendant then damaged the front door of the city repair gate by making it difficult for the city repair gate, such as: (a) 20cm in length, 50cm in length, 3.3km in length, which is a dangerous object in front of the present door of the victim's residence; (b) 20cm in length, 50cm in length, 3.3km in length; and (c) 30cm in front of the present door of the victim's residence.

Accordingly, the defendant carried dangerous things and damaged the property owned by others.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Scenic photographs;

1. Application of Acts and subordinate statutes to fire extinguishers photographs;

1. Relevant Article 369 (1) or 366 of the Criminal Act and the choice of a fine for the crime;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order cannot be deemed to be minor, the crime of this case cannot be deemed to have been committed, the defendant's mistake is against the defendant, the victim expressed his intention not to have the defendant punished by agreement after the prosecution, the circumstances leading to the crime of this case may be taken into account, and other factors such as the defendant's age, character and conduct, family relation, motive, process and consequence of the crime of this case, and the reasons for sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered,