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(영문) 광주지방법원 2014.04.10 2013고단3218
재물손괴등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On May 11, 2013, the Defendant causing property damage, found in the residence of the victim D of Gwangju Northern-gu, Gwangju Northern-gu, and the first floor victim D, called the victim to open door door to E, who is the third father of the victim, and on the ground that the door door cannot be opened to E, the Defendant “mathh, Chewing walk.”

In the expression of ‘', the victim-owned market destroyed the glass window under the front door of the residence at the market price, which is the victim', by breaking it.

2. The Defendant, upon entering a residence, continued to string the shoulder door door, opened a string door and entered a living room, and intruded into the victim D’s residence.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of witness F and G;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution (including the E statement part);

1. Partial statement of the police interrogation protocol of the accused (including the EM statement);

1. Application of Acts and subordinate statutes to written E;

1. Relevant Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 (1) 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. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. The gist of the argument was that the Defendant broken the above glass in the process of handing over H(E’s living together) under the influence of alcohol to E at the time, and the written statement submitted by E to the police also stated that “E opened a door in the state of less than locked,” and G, a police officer, who was called at the time, stated that “E opened an door because the entrance was opened at the time of entrance and exit, because the entrance was opened at the time of entrance and exit,” and that E does not respond to the summons of witnesses over several times of the court, and submitted the written withdrawal of the complaint, the E’s statement on the entry of residence among the criminal facts of this case is written.

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