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(영문) 부산지방법원 2017.01.12 2016고정2275
재물손괴
Text

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

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

Reasons

Punishment of the crime

On October 14, 2015, the Defendant was sentenced to a suspended sentence of three months for a crime of intrusion upon residence and damage to property from the Changwon District Court, and the judgment became final and conclusive on October 22, 2015.

On June 23, 2015, around 23:50 on June 23, 2015, the Defendant destroyed the victim’s market price in the studio No. 51 of the 3rd floor E-1 of the Y-gu Busan, Y-gu, Y-gu, Busan, with a view to drinking alcohol, and caused damage to its utility by getting the victim’s studio, with a total of 565,00 won in the market price owned by the studio.

Summary of Evidence

1. The defendant's legal statement (as at the fifth public trial date);

1. Statement made by the police against C;

1. Reports on investigation and photographs of damage;

1. Written estimate and receipt for repair;

1. Previous convictions in judgment: Application of a written inquiry about criminal history, text of judgment, and search output of the net case to the Acts and subordinate statutes;

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

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) [the amount of fine determined by a summary order shall be reduced by taking into account the equity in cases where a judgment is to be rendered simultaneously with the crime of intrusion upon residence and damage to property as stated in a final judgment];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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