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(영문) 서울북부지방법원 2014.04.17 2014고단432

재물손괴등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. At around 03:00 on November 22, 2013, the Defendant damaged the victim’s property by using red presses on the entrance door and the wall surface of apartment, etc. at the victim E’s relative or the defendant’s relative in the 1106 Dong, Dong 401 (D apartment) of the Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City, Nowon-gu Seoul Special Metropolitan City’s C building.

2. On December 16, 2013, the Defendant: (a) around December 16, 2013, the Defendant: (b) destroyed the victim’s property by using the scriptive presses with the autopsy on the new wall at the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of each statute on photographs;

1. Article 366 of the Criminal Act and Article 366 of the same Act concerning the applicable criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the extent that the sum of the maximum amount of the crimes of destruction and damage as determined by the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act is added to the concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act on January 5, 201, when the defendant committed the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) which inflicted an injury upon his/her friendship E on or around January 5, 201, although he/she had the record of being subject to the disposition of custody and transmission of the juvenile protection case on February 17, 2011, it is inevitable to punish the crime of this case in the E's residence because he/she committed the crime of this case, and the attitude he/she was investigated by the investigation agency after the crime was committed. However, there is no record of criminal punishment until the crime of this case was committed. However, the defendant is deemed to have violated his/her mistake until he/she was committed as E's birth, and it appears that he/she was against the defendant's wrong judgment. In the trial court, the defendant's age, character and behavior, environment, degree of damage, the circumstances leading to the accident of this case, etc.

It is so ordered as per Disposition for the reasons above.