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(영문) 서울서부지방법원 2019.05.10 2019고단331

특수재물손괴

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a resident of Mapo-gu Seoul building C, victim D (n, 34 years of age) and victim F (n, 38 years of age) respectively.

On January 13, 2019, at around 01:30, the Defendant was suffering from the victims’ noise, vibration, etc. before the entrance and exit doors of the above heading and G heading around 01:30, and was aware of such pain, and caused the damage by spreading the walls between the victims’ E and heading managed by the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

1. Articles 369 (1) and 366 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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

1. Circumstances unfavorable to the reason for sentencing under Article 334(1) of the Criminal Procedure Act: The punishment shall be determined by taking into consideration the following circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc., in light of the fact that the crime is not easy in light of the circumstances of the crime and the use of dangerous articles;