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(영문) 의정부지방법원 고양지원 2017.06.15 2017고단21

재물손괴등

Text

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

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

Reasons

Punishment of the crime

On May 20, 2016, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for obstructing the performance of official duties at the Cheongju District Court, and the said judgment became final and conclusive on January 20, 2017.

Facts of crime

1. On June 15, 2016, at around 00:40, the Defendant damaged the property by putting 1200,000 won in front of the “E” page operated by the victim D at Jeju, on the ground that the victim’s dog was obstructed by, on the ground that the victim’s dog was set off, twice with stone with a stone (15cm wide x 20cm wide x 20cm high m) on the upper door of the “E” page, and then, the Defendant damaged the property by putting two metal chairss and two plastic chairs in that place, and destroying the property in which the sum of repair expenses is equal to 1.2 million won.

2. Around 00:40 on June 15, 2016, the Defendant infringed upon the victim’s residence, such as: (a) the victim’s home located adjacent to the “Eda” located adjacent to the Jeju-si, and (b) the victim’s property was damaged and the fire was found, thereby going back to the stairs room via the first floor stairs of the victim’s residence; and (c) the victim’s residence was invaded.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of victims of D and a written statement of victims of D;

1. Photographss related to on-site damage, photographs related to intrusion into residences, and photographs damaged by property;

1. Investigation report (report on recording of a victim's telephone statement on details of damage);

1. Reporting previous convictions and results of confirmation, and the application of Acts and subordinate statutes to the investigation report (including the progress of trial);

1. Relevant Article 366 of the Criminal Act, Article 319 of the Criminal Act, Article 319 of the Criminal Act, and the selection of a fine for a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 Defendant’s crime of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was committed against a victim without any reason, the damage was not recovered, and the trial is pending.