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(영문) 서울중앙지방법원 2019.11.20 2019고정1915
재물손괴등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 17, 2019, the Defendant: (a) around 12:00, on the ground that the victim’s residence in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government B apartment C was not paid monthly rent, the Defendant entered the victim’s house to cut his/her body; (b) made the victim’s string away his/her seat from his/her name-free key repair hole; and (c) caused the victim to remove his/her seat to his/her name-free key repair hole; and (d) caused him/her to remove his/her seat by using a drick and a drick, in which the market price cannot be known in the victim’s residence.

Accordingly, the defendant damaged the victim's property.

2. On January 17, 2019, the Defendant: (a) around 12:00 on January 17, 2019, caused a key repair worker whose name is unknown in the victim D’s residence in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government B apartment C to open and leave his residence; and (b) entered his residence against the victim’s will.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs showing CCTV recording images submitted to D;

1. Relevant Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act, the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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