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(영문) 인천지방법원 2017.09.15 2016고정3239
재물손괴등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On February 21, 2014, the Defendant invadedd the residence of the victim C (Woo, 44 years old) who was located in Seo-gu, Incheon, Seo-gu, and detached houses (Woo, 80 years old) and opened a gate and intruded the said victim’s residence into the second floor through stairs, and invaded the victim’s residence into the second floor.

2. The Defendant damaged property by exposing the doors installed in the stairs leading to the second floor at the time and place specified in paragraph 1, and by forcing the knife to knife, and destroying the unlocked market price, which is the ownership of the victim C, and the knife.

3. The Defendant of intimidation: the date, time, place, etc. mentioned in paragraph 1 to set up a door and set up a door.

“Is the State may open a door to the victim D(L, 44 years of age) and the victim “Is the State may do so in the year.”

The term "the victim has been threatened with the victim's physical harm for more than 10 minutes due to large sound."

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of C and D;

1. Application of the Acts and subordinate statutes to the damaged even photograph;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, Article 283(1) of the Criminal Act, and the choice of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

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