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(영문) 서울동부지방법원 2018.04.27 2018고정402
재물손괴
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 31, 2017, at around 05:40 on December 31, 2017, the Defendant (hereinafter referred to as “C church”) had the Defendant, the head of the first floor reading room of “C church” located in Gangdong-gu Seoul, and had the Defendant cut up three-time electric wires connected with the main body of the loud, on the ground that the Plaintiff, who is a pastor in conflict with the other party in relation to the issue of the decision of the temporary assembly hall of the church, talks with the victim D (47 tax) who is a pastor in conflict with the other party on the ground that he talks with the speaker by using a loudspeaker.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Investigation report (verification of cell phone images) / (The defendant alleged to the effect that the defendant's act constitutes a justifiable act, but in light of the defendant's criminal act contents and degree, since the defendant's act cannot be viewed as a justifiable act, the defendant's assertion is rejected.)

Application of Statutes

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. All of the elements for sentencing, including the background of the occurrence of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, and the initial offender, etc.

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