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(영문) 창원지방법원 2014.08.12 2013고정1539

재물손괴

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

1. On December 4, 2012, around 01:55, the Defendant: (a) destroyed the property damage against the victim B; (b) was placed in front of the Kim Gedba, which is located in the building C at the window of Changwon-si, and (c) was placed in the back glass of the DST5 car parkeded by the victim B on the ground that the cream is bad.

Accordingly, the defendant damaged the property equivalent to 110,000 won in the market price owned by the above victim.

2. Around 02:00 on December 4, 2012, the Defendant divided the part-time powder of the fire extinguishers managed by the victim E on the ground that the part of the elevator located in the same commercial building as described in the foregoing paragraph (1) is bad, around December 4, 2012.

Accordingly, the defendant damaged the property equivalent to 16,500 won in the market price owned by the above victim.

3. Around 02:05 on December 4, 2012, the Defendant destroyed the victim F’s property damage by gathering one computer monitor (sachling equipment) of the amount equivalent to KRW 5,600,000, the market price of which is equivalent to KRW 5,600,000 on the ground that the Plaintiff is bad in front of Grupers located in the building C as set forth in the above paragraph (1) on the ground that the Defendant was at least 02:05, the Defendant collected one plastic guide sign equivalent to KRW 50,000, the market price of which is at least KRW 50,000, KRW 500, the market price of which is at least KRW 100,000.

Accordingly, the Defendant damaged the property amounting to KRW 7,330,000 in total of the market prices owned by the above victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to E, F, and B;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 366 of the Criminal Act concerning the facts constituting the crime;

1. Selection of each alternative fine for punishment;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.