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(영문) 인천지방법원 2018.01.19 2017고정1985
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. From June 9, 2017, the Defendants jointly committed the crime, around 09:42, the first floor of the E apartment unit, the residence of the Defendants located in Bupyeong-gu Incheon Metropolitan City D, and the victim F, posted on the bulletin board, discovered the victim F’s notice on June 6, 2017, removed it.

As a result, the Defendants jointly damaged the use of the victim's property by destroying the property.

2. On June 6, 2017, around 17:50 around 17:50, Defendant A collected approximately 46 copies of the notice of management expenses to be put in the victim F in each household mail, and brought about the house of the Defendant.

Accordingly, the defendant has harmed the utility such as concealing the victim's property.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Statement made by the police with regard to F;

1. Public announcement;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and selection of fines, respectively.

B. Defendant B: Article 366 of the Criminal Act; Selection of a fine

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

1. Defendants who bear the costs of lawsuit: The main sentence of Article 186(1) of the Criminal Procedure Act

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