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(영문) 광주지방법원 2019.05.08 2019고단1032
특수재물손괴
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is between the victim B and the father, and is between the victim C and the sibling.

Victims B and C are residing in the same house.

1. On February 1, 2019, the Defendant: (a) around 01:00, at the time of the victims’ residence in Yong-gun, Yong-Namnam-gun, “E” (hereinafter “E”), the victims found the victims with drinking alcohol to discuss complaints and money issues that the victims did not enter their own horses; (b) on the ground that the door does not break out, the Defendant 8 damaged eight free windows of the victim’s 1,000,000 won at the market price, which is a dangerous object at the entrance (the length of 80cm).

Accordingly, the defendant carried dangerous things and damaged the victim B's property.

2. On February 3, 2019, at around 04:00, the Defendant: (a) put the victim B into a mental hospital without having his/her horse at the same place as that of paragraph (1) on the ground that the victim B was put in a mental hospital without having his/her horse; (b) damaged the volume of 100 square meters at the market price of the victim B, which is owned by the victim B, which is equivalent to KRW 3,500,000, and continued to be parked on the roadside, and damaged the volume of 100 square meters at the roadside; and (c) continuously parked on the street, which is a thing dangerous to the victim C’s car, the repair cost was 7,671,189 won.

Accordingly, the defendant carried dangerous articles and damaged the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement and the statement of each police officer with respect to B and C (second time);

1. Application of investigation reports (special CCTV images and caps)-related Acts and subordinate statutes;

1. Article 369 (1) and Article 366 of the Criminal Act and the choice of punishment for the crime, Articles 369 (1) and 366 of the Criminal Act;

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. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act - favorable circumstances: The defendant acknowledges his mistake.

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