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(영문) 서울서부지방법원 2017.03.03 2016고정1188
재물손괴등
Text

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

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On May 5, 2015, the Defendant: (a) around 10:05, at the second heading room of the building occupied and managed by Yongsan-gu Seoul Metropolitan Government C Victim D; (b) ordered E to destroy locking devices equivalent to KRW 50,00 in the market price of the victim’s possession on the entrance, and E destroyed and damaged the locking devices by using the part extracted from the network.

Accordingly, the defendant jointly destroyed the property of others.

2. On December 26, 2015, the Defendant: (a) around 17:20, around 06:10 on the 29th day of the same month; (b) around 11:02 on the 30th day of the same month; (c) around 05:15 on the 31st day of the same month; (d) around 18:52 on the same day; (c) around 09:42 on January 1, 2016; (d) around 17:5 on the same day; (e) around 17:14 on the 2nd day of the same month; (e) around 13:28 on the same day; and (e) around 04:00 on the 3rd day of the same month; (e) around 24:00 on the 3rd day of the same month; (e) around 2016, the Defendant attempted to enter the entrance and exit of the victim, which was installed in Yongsan-gu building, without permission.

Accordingly, the defendant tried to damage another person's property in collaboration with F.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police against D;

1. Application of the statutes governing the reproduction of field CCTV;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 366, 30 of the Criminal Act concerning the choice of punishment (the point of damage to property), Articles 371, 366, and 30 of the Criminal Act (the point of attempted damage to property) and Article 319 (1) of the Criminal Act (the point of intrusion on a structure) and the selection of fines;

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

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

4. Article 334(1)5.

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