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(영문) 수원지방법원 성남지원 2021.01.28 2020고정754
재물손괴
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 5, 2020, the Defendant destroyed the substitute 50,000 won (250,000 won per one unit) of the market price owned by the victim, on the ground that C installed two substitute tin (160 cm wide, 80 cm long) on the wall of his building in front of the Sinnam-si, Sungnam-si, and that he set up two substitute tin (160 cm wide, 80 cm long) on the wall of his building.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements in the damage statement prepared C;

1. Some of the written statements prepared in D;

1. Application of Acts and subordinate statutes to a criminal investigation report (person E telephone conversations), investigative report (verification of the case details and agreed intentions, etc.), investigation report (verification of witness E);

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day of attracting a person to a workhouse);

1. Article 59(1) of the suspended sentence of sentence of the Criminal Act (the origin of this case results from leaving two substitute seats in the judgment of the building owner, which makes it easy for the victim to shoulder his own possession, and makes the weight legalized, left alone without permission for a period of several months on the Defendant’s house sofed rice sofed.

The defendant was the defendant's attempt to remove the risk because it is likely that the person in front of the above substitute seat will be likely to cause the damage to the person in front of the above substitute seat.

The defendant's appeal is justified in light of the evidence of the ruling.

First of all, the Defendant asked the victim whether he is a substitute seat owner, and there is a peremptory notice that the substitute seat will bring about a stone on his own by attaching a paper to the front seat of the substitute seat stating that “I believe that the statement of the victim denying this point is not stated in the statement of the victim’s preparation that denies this point is not believed).”

Nevertheless, the victim is also the defendant.

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