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(영문) 인천지방법원 2015.03.27 2014고단7072

재물손괴등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On August 2, 2014, the Defendant damaged the property by removing the window screen connected to the living room owned by the victim in his/her possession in his/her hand, and then destroying the property in his/her yet amount by removing the window screen connected to the living room owned by the victim in his/her own possession in order to verify who is in the front of the detached house where the victim D (man, 43 years of age) located in Seo-gu Incheon Metropolitan City C (the age of 43) was living.

2. The Defendant entering a residence was removed at the same time and place as in paragraph (1), and entered the house through the window of the longer ward, and went to the inside where the victim resides, and intrudes on the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act, the choice of fines for the crime;

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. Although the fact that the defendant was punished for the same kind of crime even though the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not good, it is not clear that the defendant committed the crime of this case again. However, it is recognized that the crime of this case is committed, and the victim does not want the punishment of the defendant, and the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case, and circumstances after the crime, etc. are determined