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(영문) 서울북부지방법원 2014.04.16 2014고정441

특수재물손괴

Text

Defendant

A shall be punished by a fine of 600,000 won.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 17, 2013, at around 01:20, Defendant A, at around 01:0 on the front of the Dobong-gu Seoul Metropolitan Government C Apartment 303 Dong 804, Defendant A: (a) there was no adequate appraisal due to noise between the victim D and the upper floor; (b) under the lower floor 604, the noise from the husband’s fighting, which was the noise from the victim’s home, was taken out to the upper floor of the cargo, which was a dangerous object in the west (40cm in length), and then damaged the repair cost by breaking up approximately 650,000 won.

2. Defendant B went to go back following A, who is son at the same time and place as in the preceding paragraph, and returned back again, the victim D (the victim 60 years old and south) was unable to solve the question with the door, and caused a defect, the victim’s flab with flab and flab, and the victim’s flabed with flab with approximately two weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes concerning the examination of injury, estimates, field photographs, and photographs;

1. Relevant legal provisions concerning facts constituting a crime and subparagraph A of the option of punishment: Articles 369 (1) and 366 of the Criminal Act; Defendant B who choose a fine: Article 257 (1) of the Criminal Act; and Article 257 (1)

1. Defendants to be detained in the workhouse: Articles 70 and 69(2) (one day per 50,000 won) of the Criminal Act;

1. Defendant B to suspend the sentence: Fine of 500,000 won;

1. Defendant B of suspended sentence: Article 59 (1) of the Criminal Act (i.e., the first offender and the half of the sentence);

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