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(영문) 대전지방법원 2018.11.15 2018고정842

특수재물손괴등

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On May 26, 2018, the Defendant: (a) around 22:40 on May 26, 2018, the Defendant: (b) lent KRW 100,000 among the victims C (53 tax) who were charged with the franchising of the franchis; and (c) destroyed a door by putting the franchis, which are dangerous objects, into the franchising door, put about approximately KRW 2.80,00 of repair cost by placing them in the franchising door.

2. Special intimidation: (a) at the time and place specified in paragraph (1); (b) at the time and place, the victim opened the door to put him knife, with the victim’s words “fnife with fnife”, thereby threatening the victim by stating “fnife with fnife”.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of relevant photographs and written estimates for damage;

1. Relevant legal provisions of the Criminal Act, Articles 369(1), 366 of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, and fines for criminal facts;

1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;