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(영문) 창원지방법원 2018.03.16 2017고단4286

특수재물손괴등

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

1. On July 2017, the Defendant damaged the entrance of the victim D (Woo, 40 years of age) who is the head of the Defendant’s household in the G apartment of Kimhae-si, Kim Jong-si, and the entrance was damaged so that the Defendant 30,000 won of the repair cost of the vehicle by walking a small room door due to the problem of money with the victim and the money.

2. On December 10, 2017, the Defendant damaged special property: (a) at the same place as paragraph (1) around 10:00 on December 10, 2017; (b) on the ground that the victim meets another male; (c) in advance, the victim’s dwelling door door is cut back with a gate, which is a dangerous object between purchases (90cc in total; 22cc in length on the day); (d) the victim’s dwelling door is cut back in a cresh of the above front door; (e) the rejection of dangerous object (the “cination”, the length of 80cc in length) is put in a cresh of the above front door; and (e) the above repair door is damaged to have approximately KRW 90,00

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (specific amount of damage);

1. Relevant Article 366 of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act, the choice of fines for the crime, the choice of punishment, and the choice of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the Defendant’s mistake in depth and reflects its depth; and (b) the Defendant agreed with the victim as a whole; and (c) the motive, means and result of each of the instant crimes; (d) the circumstances after the commission of the crime; (e) the Defendant’s age; and (e) the Defendant’s sexual conduct; and (e) various conditions of sentencing as indicated in the records and arguments, such as records and arguments, were determined