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(영문) 광주지방법원순천지원 2020.09.23 2019고정376

특수재물손괴등

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

The Defendant, at the end of the package "D" operated by the victim C(53 years of age) in Franchising, worked as a daily worker for about three months, and due to the monthly wage problem, he left the above day and started work from the end of the package to the day from the end of the day.

1. At around 21:50 on January 13, 201, the Defendant: (a) heard the victim’s words “domine” from the victim in front of the aforementioned D packing end; (b) went beyond the victim’s bridge; and (c) took the victim’s face by drinking, the Defendant inflicted an injury on the victim, such as salt, tension, etc. in need of treatment for about two weeks.

2. The Defendant of special property damage: (a) destroyed a knife, which is a dangerous object in the vicinity because it does not cover the fire at the time and place of Paragraph (1); and (b) destroyed a tent with knife two tents of a packing horse owned by the victim so that the repair cost of KRW 20,000,000 can be applied.

3. At the time and place of Paragraph 1, the Defendant obstructed the Defendant: (a) 1 and 2; (b) 1 and 2, and (c) 1 and 2 were customers in the above place, and had them go against the victim’s restraint.

Accordingly, the defendant interfered with the victim's packing horse business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes of C and E to the internal report (the attachment of photographs, such as the body, etc.) and the injury diagnosis report (C);

1. Relevant provisions of the Criminal Act and Articles 257 (1) (the point of injury, the selection of fines), 369 (1), 366 (the point of causing damage to special property, the selection of fines), and 314 (1) (the point of interfering with business and the selection of fines) of the Criminal Act concerning the crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;