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(영문) 전주지방법원 군산지원 2017.03.24 2016고정575
재물손괴
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

1. On December 1, 2015, the Defendant damaged the victim’s property at the entrance of the E office operated by the victim D, the victim of the 20:0 Marasan-si, Yasan-si, Yasan-do, the Defendant, at around 20:0, destroyed the victim’s property by exposing one chapter of the entrance door (120cm in width, 240cm in length) of the C office for the reason that the victim would be annoying, despite being hedging with the victim, on the ground that the victim would be annoying.

2. At around 21:50 on March 16, 2016, the Defendant: (a) used bricks in a nearby parking lot as indicated in the foregoing paragraph (1) on the part of the victim; (b) used the bricks in which he/she had a f1 ton of cargo owned by the victim; and (c) damaged the victim’s property so that the repair cost of KRW 75,000 is 75,000.

Accordingly, the defendant has damaged the victim's property twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 366 of the Criminal Act and the choice of fines concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Penalty fine of 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. It is so decided as per Disposition on the grounds that Article 59 (1) of the Criminal Act (the date when the suspension was made while it was made and the damaged person does not want the punishment of the defendant) is more than the suspended sentence;

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