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(영문) 수원지방법원 성남지원 2020.06.18 2020고단97
재물손괴
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On February 15, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for an injury in the Sungwon District Court's Sungnam branch on August 16, 2019 and completed the execution of the sentence in the female prison on August 16, 2019.

Criminal facts

On December 20, 2019, from around 21:00 to 21:30 on the same day, the Defendant had the victim D, who had the apartment B apartment C in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si, set the Defendant’s representative on the front of his residence without any particular reason, thereby impairing the Defendant’s utility.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-site photographs, report on internal investigation (limited to on-site identification reports and attachment of on-site photographs), and response to requests for appraisal;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (crimes during the repeated period);

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. On August 16, 2019, after the execution of imprisonment was completed on August 16, 2019, the Defendant committed the instant crime; the Defendant appears to have committed the instant crime; the victim agreed with the victim; the victim did not want the punishment; and the mental health of the Defendant seems to have influenced the instant case.

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.

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