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(영문) 창원지방법원 마산지원 2020.02.12 2019고단1201
특수재물손괴
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as the victim B and South Korea, had his father's credit card managed with the victim suspended the use by the victim, the Defendant sought the victim's home in mind that he would comply with it.

At around 22:00 on November 6, 2019, the Defendant: (a) lowered the entrance door, which is a dangerous object, to the victim’s house located in Changwon-si, Changwon-si C, on the ground that the victim’s house does not open the door; and (b) destroyed the victim’s property by destroying the entrance door equivalent to KRW 385,00,000 at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to photographs and investigation reports of damaged articles (related to the confirmation of the amount of damage and the failure to attach estimates of damaged articles);

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. According to Article 334(1) of the Criminal Procedure Act, a sentence shall be determined as ordered by considering the following factors: (a) the nature and conduct of the criminal defendant; (b) the victim does not wish to be punished because of his/her birth; and (c) the age, character and conduct, environment, circumstances after the crime; and (d) the circumstances after the crime.

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