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(영문) 수원지방법원 성남지원 2016.08.11 2016고정237
재물손괴
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

1. On April 15, 2014, the Defendant: (a) in the Sinnam-si, Sungnam-si; (b) extracted two headings cultivated by the victim D; and (c) the market price stated in the unclaimed bill of indictment, the market price of which is the victim’s ownership, is not accurate, based only on the victim’s statement.

The property was damaged.

2. On August 12, 2014, the Defendant: (a) extracted 60g of the victim’s marine 1 at the place specified in paragraph (1) around August 12, 2014; and (b) destroyed an unregistered property at the market price owned by the victim

The part on the ground as stated in paragraph 2 of the indictment was withdrawn from the charge.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial testimony of witness D;

1. The defendant and each photograph (the defendant and his defense counsel) asserted that, in this Court, the defendant transferred her heading to the defendant's heading to the defendant but did not destroy it, and the defendant partially extracted her heading her heading to the undeveloped her heading to the defendant after the completion of the harvest of her heading to the defendant, but they do not have any property value.

However, even according to the above argument, the defendant, as a dispute between the complainant and the defendant, extracted the crops cultivated by the complainant in the land of this case and planted his own crops. However, the defendant first extracted his own crops.

However, there was no particular investigation on this issue.

In addition, the complainant had no idea that he had been able to destroy the math of mast and math of math of math.

In consideration of the statement, each act of the defendant as a person constitutes damage to property and his/her criminal intent may be recognized.

Application of Statutes

1. Relevant Article 366 of the Criminal Act, the choice of punishment, and the choice of fine for the crime;

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 portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The Defendant is aware of the facts charged at around May 3, 2014, at the place where the facts constituting the above crime are recorded, and the Defendant cultivated by the victim.

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