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(영문) 서울서부지방법원 2019.11.28 2019고단2961

재물손괴

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On August 22, 2019, at around 06:25, the Defendant, at around 06:25, damaged the victim D and the toilet smell generation cause in Eunpyeong-gu Seoul building B, the father of the building C in Eunpyeong-gu, and the victim’s market price in the living room was 50,000,000 won of the market price owned by the victim and damaged by using television on its floor.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes on TV damage photographs;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Article 366 of the Criminal Act;

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

1. Provisional Payment Order: The defendant has a record of violent crime against the victim for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the crime of this case is committed during the period of repeated crime; however, after committing the crime, the defendant and the victim do not want the punishment of the defendant; the defendant and the victim are living together with the victim without any particular problem; the defendant lives together with the victim; the defendant does not seriously reflect his mistake and does not repeat again; and the defendant has repeated to be a sound social person, such as receiving vocational education, etc., a punishment is determined as ordered by giving the defendant the last opportunity to correct his behavior within society.