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(영문) 대전지방법원 천안지원 2015.10.08 2015고정571
재물손괴
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a real estate broker who is a general director of C.

around 09:00 on March 19, 2015, the Defendant destroyed the amount of KRW 2.8 million on the following grounds: (a) on the ground that the Victim E (Nam & 53 years old) located in Asan City seeks to purchase and repair a farming house built on the land of the clan C from F; and (b) the said farmer’s house slewal roof was damaged by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police officer in relation to E and G;

1. Entry of a copy of a land sales contract, a ledger of ordinary buildings, and a full certificate of registered matters;

1. A statement in a written estimate;

1. Application of image Acts and subordinate statutes to damaged photographs;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has been punished ten times (one time of suspended sentence of imprisonment, eight times of a fine, and one time of suspended sentence of a fine) by committing this type of crime, and on the other hand, the defendant has agreed smoothly with the victim that the defendant did not have any record of punishment for the same kind of crime, and that the defendant has no record of being punished for the same crime and reflects the defendant's age, character, conduct and environment, and other various sentencing conditions shown in the argument of this case

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