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(영문) 광주지방법원 목포지원 2018.08.31 2018고정83

재물손괴등

Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The defendant is a friendly child of the victim C (V, 46 years of age).

On August 27, 2017, at the victim's house located in D Apartment 105 Dong Dong 808, the Defendant was asked to leave the victim outside of the house on several occasions, and the Defendant refused to comply with it.

Summary of Evidence

1. C Legal statement;

1. Each legal statement of E and F in part;

1. Statement made by the police against C;

1. In full view of the following circumstances, namely, ① the victim made a statement to the investigative agency to the effect that he/she had consistently made it possible for him/her to go to the Defendant through several times, and consistently made it possible for him/her to bring a disturbance without having gone to go to the court (referred to as "five to ten minutes" in this court), ② E also made a statement to the effect that "the defendant has expressed his/her desire to bring a victim, started a dispute with him/her, and went to the end of fifteen to twenty minutes", ③ in this court, the F made a statement to the effect that "the victim tolds him/her that he/she would go to go to the victim," and the fact that "the victim would go to the end of fifteen to twenty minutes" was stated in this court, it can be acknowledged that the defendant has failed to comply with a request to leave from the damaged person as stated in its reasoning even if he/she did not comply with such request."

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 319 (2) and 319 (1) of the Criminal Act concerning facts constituting an offense (the point of refusing to withdraw and the choice of fines);

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (the point of damage to property) of the order of provisional payment;

1. The summary of this part of the facts charged is the victim C's pro-born.

The Defendant, around August 27, 2017, committed an indecent act by the victim’s 105-dong 808 of D apartment units on August 27, 2017, at the home of the victim, and the victim’s her son forced the victim’s son’s son to do so.

As a result, a dispute has occurred while dialogueing on a complaint, I would like to make it more.