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(영문) 서울남부지방법원 2019.11.27 2019고단2860
재물손괴등
Text

A defendant shall be punished by imprisonment for four months and a fine of one hundred thousand won.

50,000 won where the defendant does not pay a fine.

Reasons

Punishment of the crime

On December 2, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury at the Seoul Western District Court, and completed the execution of the sentence in the Daegu Prison on July 30, 2017.

1. Around 12:30 on May 1, 2019, the Defendant entering the said residential area via the first floor door, which was first corrected before the victim C’s residential area located in Yeongdeungpo-gu Seoul Metropolitan Government, and went into the marina of the said residential area, and then intruded on the rooftop of the said residential area through the stairs and the legs installed therein.

2. Damage to property;

A. The Defendant, as stated in the above 1. paragraph, intruded into the above residence, and laid 5 parts of the market value, which was owned by the victim D, which was located in the second floor, on the floor, destroyed by making the soil and plants located on the floor so that they may be accumulated into the floor.

B. The Defendant:

After destroying fire as referred to in paragraph (1), the victim C, who was enrolled on the rooftop of the above residential area, was laid up with a total of 25,000 won, and three flowers were laid up on the street outside the above residential area and damaged them.

3. No person shall throw away any object without due care at a place where it is likely to harm the body of another person or the goods of another person or organization, such as throwing away an object, in violation of the Punishment of Minor Offenses Act;

The defendant above B.

As stated in the above paragraph, one board and three fire extinguishings were located on the rooftop of the above residential area, and there was a danger that many and unspecified persons gather on the street outside the above residential area.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement to C by the police;

1. Written statements of D;

1. All on-site photographs;

1. Previous records before ruling: Application of criminal records, investigation reports (report on confirmation before disposition, results of confirmation, and date of release), and Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and imprisonment with prison labor;

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