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(영문) 의정부지방법원 2020.11.10 2020고정1181

재물손괴등

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. Around 06:00 on June 13, 2020, the Defendant damaged the amount of unexploited estimation by failing to pay the lease contract money from the dormitory-type housing Ddong operated by the victim C, which was operated by the victim C, so that the victim could leave the joint site due to the defect of the victim's moving into the joint site, thereby destroying the joint glass and the entrance door owned by the victim.

2. The Defendant intruded the victim’s structure at the same time and place as the above paragraph (1).

3. The Defendant, at the same time and place as above 1. A foreigner staying in the Republic of Korea, always has a passport, seafarer’s identification document, foreigner entry permit, foreigner registration certificate, or landing permit, and the immigration control official or authorized public official has a duty to present a passport, etc. in connection with his/her duty, despite the fact that he/she has a duty to present a passport, etc., he/she received 12 report and requested the presentation of a passport, etc. to a police officer of the Macheon Police Station Emba, which was dispatched to the scene

Summary of Evidence

1. An interrogation protocol of the police against the accused;

1. C’s statement;

1. Accusation of a person who violates the Immigration Control Act;

1. 112 Declarations of Reporting Cases (Records No. 12 pages of Evidence);

1. The scene of the case and photographs of damaged articles;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Relevant Article 36 of the Criminal Act, the choice of punishment, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 98 subparagraph 1 of the Immigration Control Act, and Articles 27 of the same Act (a violation of obligation to carry or present a passport);

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that the crime of this case is not good in light of its form, circumstance, and content.