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(영문) 의정부지방법원 2015.12.21 2014고정2263

재물손괴

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On June 9, 2014, at around 22:40, the Defendant damaged the property by cutting off steel nets (1.7 meters in vertical length, 4 meters in width) equivalent to KRW 20,00, which were installed in order to prevent the part that was cut by the victim D, installed in the vicinity of the C Housing, in front of 8-dong, Namyang-si, Namyang-si.

2. On June 10, 2014, at around 02:00, the Defendant destroyed the property by impairing the utility of the steel network by leaving the support stand of the steel tank that the victim was repaired at the place specified in paragraph (1).

Summary of Evidence

1. Legal statement of witness D;

1. Statement to E by the police;

1. Police seizure records;

1. Application of statutes on site photographs of police officers in mobilization;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse (in cases of conversion of KRW 100,000 per day);

1. Determination as to the assertion of the defendant and his defense counsel under Article 59(1) of the Criminal Code of the Suspension of Sentence (the suspension of the sentence against the defendant, considering comprehensively the defendant's age, character and conduct, intelligence and environment, circumstances leading to the crime of this case, circumstances leading to the crime of this case, etc., as well as various circumstances which form the conditions for sentencing as shown in the record, such as the circumstance after the crime of this case, where there are a large number of criminal records, but the defendant seems to have no profit acquired through the crime of this case, the degree of damage

1. Defendant and his defense counsel’s assertion

A. The Defendant’s removal of the file of criminal facts in order to establish a lawsuit (hereinafter “the file of this case”) cannot be deemed as a damage to the management of the C-Housing Section. Even if it falls under the elements for the destruction, the Defendant’s removal of the file of criminal facts cannot be deemed as an act of management of the C-Housing Section. As such, the act constituted a legitimate act and is not unlawful.

B. The instant case.