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(영문) 광주지방법원 순천지원 2018.06.14 2017고정121 (1)
재물손괴
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 and the victim C(n, 29 years old) have been in dispute with the relocation of the usual digging site, and D has a relationship with the victim.

1. Around April 2, 2016, the Defendant damaged a special property: (a) the fence that had been installed by the Defendant before in front of E was removed from the victim C without permission on the ground that the fence was removed from the victim C, which was a dangerous object, and (b) the fence, which was the supporting unit of the fence, was placed on the fence.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. The Defendant injured by negligence was at the time and place mentioned in the above paragraph 1, and at the above time and place, the Defendant’s behavior, which gets involved in the loss of the watch and damaged the fence, was knifeed with D’s head, and was tightly and pushed off with D.

Although there is a danger that a person who used a lush and used a lush is in danger of being in the surroundings, the Defendant continued to engage in a lushing part of the lush’s hand, etc. of the victim C, who caused the lush by negligence, in order not to take the lush away from D.

Accordingly, the defendant by negligence suffered losses, losses, and other parts that need to be treated for about 2 weeks from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. The CD;

1. Complaint;

1. Each investigation report (pre-determined and recorded records, attachment of C injury diagnosis, on-site ctv verification) law shall apply;

1. Articles 369 (1), 366, and 266 (1) and 266 (1) of the Criminal Act concerning the facts constituting an offense and the selection of a fine, respectively;

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are the criminal records of the defendant, the circumstances leading to the instant crime, the degree of damage to the victim.

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