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(영문) 수원지방법원 안산지원 2020.06.10 2020고단451

특수재물손괴등

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

At around 01:50 on August 26, 2019, the Defendant opened the entrance door of the first floor of the above building that was not corrected when it was located in the building of the victim C in Ansan-gu, Sinsan-si, and infringed upon the victim’s residence in front of the △△△ Party, the Defendant damaged the victim’s property by opening the door door in front of the △△△ Party’s dwelling site where the victim resides, and cutting down the secret number of the fingers installed in the above △△△ Party’s front door and cutting down the hand. However, the Defendant, who did not open the door, destroyed the victim’s property by taking a dangerous fire extinguishing, which is a dangerous object being kept adjacent to the above front door.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to on-site photographs (e.g., place of occurrence and details of damage);

1. Relevant Article 319(1) of the Criminal Act, Article 369(1) and Article 366 of the Criminal Act, Article 366 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. Considerations such as the fact that the defendant for sentencing under Article 334(1) of the Criminal Procedure Act recognizes his mistake, that the defendant has agreed with the victim, and that the defendant has no criminal record exceeding the fine