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(영문) 서울남부지방법원 2018.05.16 2018고단1216
재물손괴등
Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Defendant, while residing in the underground floor of housing located in Yeongdeungpo-gu Seoul Metropolitan Government on March 11, 2018, had money received from the victim C (60 years) (60 years) residing adjacent to the same residential underground floor on March 11, 2018.

On the ground that the body of the victim C was found to have been opened, but it was not opened, the door door was attached to the entrance and the entrance was opened, and the new door was returned to the residence of the victim C.

Accordingly, the defendant damaged 50,000 won of the entrance entrance correction devices owned by the victim D, who is the owner of the above house, and invaded upon the residence of the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes related to photographs and photographs with the entrance damaged and the arrest of a flagrant offender with a new report filed by the person under consideration;

1. Relevant Article 366 of the Criminal Act, Articles 319 (1) and 319 of the Criminal Act, the choice of fines 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the Defendant did not know himself during the period of repeated crime and committed the instant crime, and that there are many criminal records, including the above repeated crime, and that he was punished for violent crimes, are disadvantageous to the Defendant.

Provided, That the sentence shall be determined after selecting a fine only once in consideration of the fact that a person damaged by a residence does not want the punishment of the defendant, the age, sex, circumstances after the crime, living environment, etc. of the defendant.

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