logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.04.23 2017고정2664
재물손괴등
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

The Defendants conspired to enter the office of the committee for the election management of C, D, E, and F apartment (hereinafter referred to as “multi-unit housing”) (hereinafter referred to as “office”) into the office after the order of the vice-office, and around February 29, 2016, C, and D, before the office located on the second floor of the building in the building of the Gangnam-gu Seoul F apartment management office, Gangnam-gu Seoul Metropolitan Government F apartment management office, instructed four arb students, such as Defendant B and G, to cut locks by using a cutting machine and open a glass door, and the Defendants prevented the occupants of the apartment with the name of the arb from opening the office when they damage the locks.

Since then, the Defendants opened the office doors damaged by Rarba, such as C, D, E and above G, and entered the office.

Accordingly, in collusion with C, D, and E, the Defendants destroyed the unlocked and glass windows owned by apartment occupants, and invaded the rooms used by the Election Management Commission.

Summary of Evidence

1. The Defendants’ partial statements in the first public trial protocol

1. Entry of each part of the witness D and G in the third public trial records;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. A protocol of suspect interrogation of each police officer in relation to C and E;

1. Application of CCTV-cap photographs and CCTV CD-related Acts and subordinate statutes;

1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Articles 366 and 30 of the Criminal Act (the point of damage to property) and Articles 319(1), 30 of the Criminal Act (the point of intrusion by room), and the choice of fines, respectively;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants: (a) the sentencing of Article 334(1) of the Criminal Procedure Act does not seem to have been actively involved in the instant crime; (b) the damaged part appears to have been recovered; and (c) the motive and occurrence of the instant crime, such as the dispute situation of the apartment at the time.

arrow