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(영문) 춘천지방법원 원주지원 2013.11.12 2013고정406
재물손괴등
Text

Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A and the victim C (n, 53 years old) are those divorced on September 5, 2012.

1. On April 30, 2013, the Defendant: (a) around 15:55, the Defendant damaged the property by finding the victim in the E-cafeteria in the original city D, on the ground that the victim was living in another place, and on the ground that the victim was under the influence of alcohol, the victim was able to live in the other place, and destroying the property by leaving the 20,000 won of the victim’s market price in the said place.

2. At around 17:00 on the same day, the Defendant invadedd the residence of the victim, such as opening a door by inserting the entrance door of the main gate in which the victim was corrected so that the Defendant may not have access to the Defendant at the place under the above 1.1.

3. At around 17:55 on the same day, the Defendant attempted to intrude upon the victim’s residence, such as cutting off the entrance door of the kitchen, which was corrected to intrude the victim’s restaurant at the place under the above 1.1.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. Report of investigation, application of Acts and subordinate statutes of the 112 Case List (No. 6,7 No. 112 Case List);

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 366 of the Criminal Act that provides for the choice of punishment, Article 319 (1) of the Criminal Act, Article 322 and Article 319 (1) of the Criminal Act (the point of attempted entry into residence, the point of attempted entry into residence, and the choice of fines);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking account of the fact that the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the defendant follows his behavior and reflects the defendant; (b) the victim does not want to punish the defendant; (c) the defendant has no criminal record for the same kind of offense; (d) the relationship between the defendant and the victim; (e) the process of the case;

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