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(영문) 광주지방법원 순천지원 2017.04.26 2016고단2624

재물손괴등

Text

A defendant shall be punished by imprisonment for six months and by a fine of 600,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Damage to property;

A. On December 3, 2016, at around 16:40 on December 3, 2016, the Defendant, within the “D” office of the victim C’s operation “D”, caused the Defendant to break out the petroleum strawing route in which the victim did not lend KRW 3 million to the Defendant so that the repair costs would occur.

B. The Defendant, at around 00:00 on December 4, 2016, at the same place as the above paragraph (a) above, destroyed a wooden plate of benching in the front place of the above office at a glass hold of an amount equivalent to KRW 400,00,000, which is located in the market value of the above office, and continuously damaged the repair cost of KRW 198,000,000.

(c)

On December 6, 2016, at around 14:25 on December 6, 2016, the Defendant, at the same place as the above paragraph (a) above, unloaded out air conditioners owned by the victim C into each item, thereby damaging the amount of repair cost equivalent to KRW 300,000 in the market price.

Accordingly, the defendant damaged the victims' property through a total of three times.

2. On December 6, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) 14:36 around 14:36, 2016, hereinafter “Sacheon Police Station 2” under the influence of alcohol, the Defendant was unable to avoid disturbance over about 10 minutes, such as spite on the floor, spite on the floor, smoking tobacco, etc.

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of each C;

1. A written statement of the main officer;

1. A repair cost receipt and a written estimate;

1. Application of Acts and subordinate statutes concerning damaged photographs, field photographs, and description of photographs;

1. Relevant provisions of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting the crime (the point of damage to property, the choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation of notes in the official document, and the choice of fines);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.