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(영문) 창원지방법원 2020.08.21 2020고정403

폭력행위등처벌에관한법률위반(공동재물손괴등)등

Text

[Defendant A] The defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Defendant

A is the second speech of the victim D, and the defendant B is the first speech of the victim, the defendant C is the husband of the defendant B, and the defendant E is the first fault of the victim.

1. On May 9, 2019, at around 11:05, Defendant A and C’s co-principaled Defendants came to the victim D’s residence located in Kimhae-si, Kim Jong-si, and the said brooms cut off the said brooms using the broom saw that the brooms were locked with locks on the lock strings with the lock strings.

Accordingly, the defendants jointly damaged the victim's property amounting to approximately KRW 5,000 in the market price.

2. The Defendants’ co-principal defendants and E came to the victim’s residence at the time and time specified in Paragraph 1 and cut brooms installed in the victim’s main gate as described in Paragraph 1, and invaded upon the victim’s residence.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to debrooms with damaged brooms locked photographs, full certificate of the matters to be registered, and ordinary building ledgers;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A and C: Article 2(2)1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act; Article 2(2)1 of the Punishment of Violences, etc. Act; Article 319(1) of the Criminal Act; Article 319(1) of the Criminal Act

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, and the selection of fines

1. Defendant A and C from among concurrent crimes: former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant C: Article 62 (1) of the Criminal Act;

1. Defendant A and C in the custody of a workhouse: Articles 70(1) and 69(2) of the Criminal Act (in the case of Defendant C, limited to the case where the sentence of suspension of execution is invalidated or revoked);

1. Defendant B of suspended sentence: Penalty to be suspended under Article 59(1) of the Criminal Act;