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(영문) 부산지방법원 2021.03.23 2020고정1388

특수재물손괴등

Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

The defendant was living together with the victim B for three years and is currently living separately.

At around 00:05 on June 28, 2020, the Defendant: (a) opened a door before the victim’s house located in Busan Dong-gu, Busan, but, on the ground that the victim did not open a door, unloaded the entrance door (160 cm wide, 60 cm long) with plastic chairs, which was dangerous objects, so that the repair cost may be avoided; and (b) damaged the victim’s inland part (C) parked at that place to remove the repair cost for the same reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes governing the damage inflicted on B written statements;

1. Relevant legal provisions concerning facts constituting an offense, Articles 369(1), 366 of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines, respectively;

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 on confinement in a workhouse (where a sentence of suspension of execution becomes void or revoked and a defendant fails to pay a fine);

1. The execution of a fine shall be suspended by taking into account the following circumstances: (a) the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution: (b) the fact that the defendant recognizes and reflects the crime; (c) the victim does not want the punishment of the defendant; and (d) the defendant's age, sexual conduct, environment, motive and circumstance of the crime; and (d) the circumstances after the crime were committed.