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(영문) 대구지방법원 안동지원 2016.04.22 2016고정29

특수재물손괴

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person operating a siren business with the trade name of “Brenk,” and the victim C is a person engaged in the same type of business with the trade name of “Drenk.”

The Defendant was 1,00,000 won to receive money from the injured party in connection with the siren business, but it was thought that the injured party was able to pay the money, and thus, it was not good to make a reasonable appraisal.

On March 30, 2015, at the same time, the Defendant found in the above “Drenter car office” office located in Ansan-si, Dongdong-si, Dongdong-si, around 22:08, and laid off the glass entrance one time with the entrance door of the victim’s office 6-time, and the entrance door of the victim’s office was collected, which is dangerous goods at the glass entrance (scale of two drinking materials). The Defendant laid down the glass door at the front of the entrance, with the wooden soil ( approximately 150cm wide, about 16.5cm long).

Accordingly, the defendant carried dangerous articles and damaged the entrance door of the victim's own interest to the extent that the repair cost is equivalent to 250,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a criminal investigation report (written estimate, photograph, etc.);

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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