(영문) 서울중앙지방법원 2020.10.21 2020고정419

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(영문) 서울중앙지방법원 2020.10.21 2020고정419

재물손괴

Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Criminal facts

On June 17, 2019, at around 20:07, the Defendant: (a) tried to open a joint entrance of multi-households owned by the victim’s name in the Jongno-gu Seoul Metropolitan Government second floor and enter into the entrance; (b) however, on the ground that the entrance was temporarily set up and the entrance was not opened, the Defendant destroyed the Defendant’s damage, such as moving a aluminium door (a.e., approximately 80cm, about 180cm with vertical length, about 40cm with thickness) at the market price.

Summary of Evidence

1. C’s legal statement;

1. C’s photograph of the written statement [it is acknowledged that the Defendant committed an act of destroying the entrance, as in the facts charged, in full view of the following circumstances acknowledged by the evidence adopted and examined by this court, namely, C’s appearance of the entrance in this court opened a door to hear sound, and thus clarifying the details and contents of the damage, such as the Defendant’s statement that the entrance was front and the entrance was destroyed, and there is no special motive or reason for C to make a false statement. As such, it can be acknowledged that the Defendant committed an act of destroying the entrance as in the facts charged, and thus, it is difficult to accept the above argument by the Defendant).

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. The punishment as ordered shall be determined by taking into account the following circumstances: (a) the details and details of the Defendant’s crime for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the Defendant has no record of being punished for the same kind of crime; and (c) the Defendant’s age, character and conduct and environment; (d) the details and consequence of the crime; and (e) the circumstances after the crime and

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