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(영문) 대구지방법원 포항지원 2014.11.20 2014고단419
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

"2014 Highest 419"

1. On March 19, 2014, Defendant 20:20 on the damage of property, the victim’s “Ek practice room” in the operation of the victim D (Ek practice room) in the north-gu Office C at the port of port of port, re-fluence of the payment in advance to the victim under the influence of alcohol, and the victim refused this, the victim was deprived of the Plaintiff, who was exempted from the Tk practice room, and was fluenced by double hand, and damaged the card size of 2.50,00 won at the market price on the floor, which is the victim’s possession on the floor, by cutting down one card size of the card size of 2.50,00 won at the market price on the floor.

Accordingly, the defendant damaged the property equivalent to the sum of 350,000 won owned by the victim.

"2014 Highest 758"

2. At around 01:40 on July 13, 2014, the Defendant damaged goods for public use, the Defendant: (a) removed a changeer installed in the place in his/her hand, while being detained in three rooms of the detention room of the coast guard station in the north-gu, 331 North Korea Coast Guard at the center of North Korea at the port; and (b) destroyed goods used by public offices in an unfluencing market, such as “I would do not send the waste if you send it to you do so”; and (c) had a changeer sculpture on his/her own part.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (related to the card size and the checking of damage caused by fire).

1. The defendant's assertion as to the defendant's argument as to the custody-related records of an act of causing property damage that the defendant stated that he/she had taken a singing practice room after drinking at the time of committing the crime of causing property damage, and that he/she was in a state of mental disorder. However, the defendant's assertion is not acceptable since it lacks the ability to discern things or make decisions.

Application of Statutes

1. Relevant Article 366 of the Criminal Act, the choice of imprisonment, Article 141(1) of the Criminal Act and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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