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(영문) 서울중앙지방법원 2018.05.25 2018고정1024

재물손괴등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On November 22, 2017, at around 08:00, the Defendant damaged the victim’s property by removing a banner equivalent to KRW 100,00 of the market price, stating the content of “store lease” installed outside the above store in order for the victim D to seek a new lessee of the above store, on the ground that the size of the banner installed by the victim D was larger than that of the Defendant’s “E” operated by the victim D, in Dongjak-gu Seoul Metropolitan Government, around November 22, 2017.

2. A special intimidation: (a) on November 23, 2017, the Defendant: (b) protested against the victim D (52 3) and F (55 years of age) on the overdue charge of the rent in the said store at the upper point above the 18:20 on November 23, 2017; (c) show the knife of the industrial knife (the knife length of the knife) which is an article dangerous to the victims of the instant store; and (d) “F knife knife knife

“The victims were frightened.”

Accordingly, the defendant carried dangerous articles and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Complaint;

1. Recording records;

1. On-site furniture photographs;

1. Placards receipt;

1. Placards, knife photo, and photograph removed from a banner;

1. Application of CCTV CD-1 statute;

1. Article 366 of the Criminal Act applicable to the facts constituting an offense, and Articles 284 and 283 (1) of the Criminal Act (a point of special intimidation);

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Intimidation).

3. Selection of each alternative fine for punishment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

6. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;