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(영문) 서울중앙지방법원 2021.03.25 2021고정164
재물손괴
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Defendant,

1. It damages a banner installed by the victim E between the Seocho-gu Seoul Metropolitan Government apartment building B, Seocho-gu, Seoul and Dong Dong-dong, Seoul, on September 222, 2020 to the effect of other property equivalent to KRW 200,000,00, by means of cutting off a banner installed by the victim E between around 17:40,00 and around 17:40;

2. From October 10, 2020 to around 13:00 on the same day, a banner with the content that “H” installed by the victim G on the front pents of the Seocho-gu Seoul Metropolitan Government F commercial building between around 15:00 on the same day, would impair the utility of other person’s property equivalent to KRW 1.50,00 by destroying it by means of laparing phrases possessed by the victim G on the front pents of the Seocho-gu Seoul Metropolitan Government.

3. On October 13, 2020, around 18:10 on October 13, 2020, a banner consisting of “H” installed by the injured party G on the front pents of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government F commercial building, and the damage by means of covering the words “H” on a flat, thereby impairing the utility of others’ property equivalent to KRW 1.50,000,00;

4. On October 15, 2020, around 14:20 on October 15, 2020, around the Seocho-gu Seoul Metropolitan Government F commercial building, a banner installed by the injured party G was damaged by the means of cutting off the phrase “H” on the front pents of the Seocho-gu Seoul Metropolitan Government F commercial building, and the utility of another’s property equivalent to KRW 1.50,000,000,

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs of respective E and G statements;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

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