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(영문) 제주지방법원 2016.09.23 2016고정363
명예훼손등
Text

A defendant shall be punished by a fine of 400,000 won.

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

Reasons

Punishment of the crime

1. On September 26, 2014, around Jeju-si, the Defendant destroyed property by impairing its utility, such as in white, yellow, red, and red frame, on the interior walls of the building site of the new construction site of “D” located in “D” at the Jeju-si, Seoul-si, the Defendant entered “two-year imprisonment with labor for a period of two years,” and “the owner E wooden accusation against the owner E due to fraud, and the Jeju-si District Prosecutors’ Office.”

2. On September 2014, the Defendant: (a) on the interior wall of the building at the construction site of the instant “D”, the Defendant: (b) with white, yellow, red, and red-fluencing presses, the Defendant: (c) “Creging a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a fluor of a frush;

E The property was damaged by harming its utility, such as stating “Negggging”, “Wegnging knicking knicking knicking knicking knicking knicking knicking knicking knicking knickings”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to accusation forms (Attachment of related photographs) prepared by E;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 366 of the Criminal Act and the choice of fines;

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

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

1. Provisional payment order: Judgment on the issues of Article 334(1) of the Criminal Procedure Act

1. As to the establishment of the crime of damage

A. In recognition of the criminal intent of the damage of property, it does not necessarily have to have the intention of planned damage or actively wish to damage the property, but there is awareness about the loss of the utility of the property against the owner's will. Here, it is true to impair the utility of the property, and it is also possible to make the property in a state in which it cannot be used for the original purpose of use in appraisal as well as to make it difficult to use it temporarily.

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