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(영문) 수원지방법원 안산지원 2017.05.24 2017고정356

특수재물손괴등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant damaged special property: (a) around September 23, 2016, at the victim D’s residence located in Ansan-si, Masan-si; (b) around 11:30 on September 23, 2016, a person who was in a de facto marital relationship did not open the door of the said residence; (c) was flading the door of the said residence, which is a dangerous object (i.e., 15cm in length) and flading the window and the crime prevention window; and (d) caused defects in one of the above windows; and (e) destroyed the crime prevention window.

Accordingly, the defendant carried dangerous objects and damaged the window and crime prevention window of the market price owned by the victim.

2. The Defendant, at the same time and place as in the preceding paragraph, and at the same time and place as in the preceding paragraph, i.e., E, an unspecified number of people; and, upon receiving a report from 112, i.e., “the first floor tenant (Defendant) is stamped and frighted with his / her pedal.”, i.e., the police officer called

죽여 버릴라, 씨 발 놈들, 븅 신 같은 놈들" 이라고 말을 하는 방법으로 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Each written statement of E and G preparation;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for the crime;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.