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(영문) 서울서부지방법원 2017.03.10 2016고단3844
재물손괴
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was living together with the victim C (n, 35 years of age) and the annual personnel, from June 2016 to Pyeongtaek-si D's room 404.

Around September 9, 2016, the Defendant had raised a serious dispute with the victim, i.e., the victim’s cellphone 404, suspected that the victim had met another male, by forcing the victim to cut off his cell phone, and by viewing the content of the same.

On the same day, the victim's attendance defect, the defendant takes a bath to the victim using the cell phone Kakao Stockholm, and all the animals of the victim are laid off, and then find the company where the victim works.

The message was sent to the effect that he would avoid any disturbance.

Accordingly, the victim reported 112 around the new wall, and the police officer found the defendant as above D's room 404 and found the defendant as above D's room 404, and the defendant's room 404 around 06:0 on September 10, 2016, when the victim's market price was 1,000,000 won, he discarded 30,000,000 won of the market price, using the above Da's room 404, and the defendant's room 40,000 won of the market price, 50,000 won of the market price, and 30,000,000 won of the market price, throw away from the floor, and continued to throw away cosmetics equivalent to 1,00,000 won of the market price into the floor.

Accordingly, the defendant damaged verbal, clothes, non-smoking, cosmetics, and glags equivalent to the total market value of 5.360,000 won owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigative reports (to hear statements from victims);

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act and Article 366 of the Criminal Act regarding criminal facts, the choice of a fine (the confession, reflectiveness, initial crime, agreement, etc. with victims);

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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