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(영문) 의정부지방법원 고양지원 2013.09.12 2013고정1159

재물손괴

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 18:50 on November 19, 2012, the Defendant, at the house of the victim C (n, 37 years of age) located in Pakistan, was under the influence of alcohol, opened the entrance door of the above house, which was corrected by being mistakenly known that the house of the victim was the house of D, which is the seat of the Defendant, and was wrong, but was damaged by breaking the entrance door door door with the main illness located there was no opening.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Article 366 of the Criminal Act and the choice of fines concerning the facts constituting the crime;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserted that he was in a state of mental disorder by drinking alcohol at the time of committing the instant crime, and thus, according to the police interrogation protocol against the Defendant, the Defendant was found to have drinking alcohol at the time of committing the instant crime, but did not have the ability to discern things or make decisions.

Since it cannot be seen as having reached a state or weak, the above assertion is rejected.