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(영문) 서울남부지방법원 2017.11.03 2017고정395
재물손괴
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On May 9, 2015, from around 17:24 to 18:00 on the same day, the Defendant: (a) neglected the Defendant’s failure to perform the terms and conditions of the sale and purchase contract; (b) removed 65 (3) the above gate gate knife amounting to KRW 19,50,000 in the market price owned by the Defendant; and (c) removed 19,000,000 from 19,000,000 won.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

1. A copy of each real estate transaction contract;

1. A copy of a certificate of all registered matters;

1. Application of Acts and subordinate statutes to each letter;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defense counsel's assertion regarding the defense counsel under Article 334 (1) of the Criminal Procedure Act argues that the defendant's act of the defendant's act cannot be viewed as a justifiable act, in light of the motive and circumstance of the crime of this case, the method and process of the crime, and the circumstances after the crime, etc., acknowledged by the evidence adopted earlier, that the defendant's act cannot be seen as a legitimate act, and thus, the defense counsel's assertion is rejected.

The reason for sentencing is that the defendant agreed with the victim and the circumstances leading to the crime of this case are considered.

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