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(영문) 청주지방법원 충주지원 2018.07.13 2018고단60
재물손괴등
Text

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

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

Reasons

Punishment of the crime

[criminal history] On November 4, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspension of execution on November 12, 2016 at night in the Cheongju District Court’s Cheongju District Court’s Cheongju branch, and the judgment became final and conclusive on November 12, 2016

[Criminal facts]

1. Around 12:50 on January 10, 2018, the Defendant: (a) 132, 103-dong 103-dong 1:2; (b) 1; (c) had a victim C (the age 51) who was under dispute due to the removal of a building that was installed by the Defendant from the front corridor of the 132-dong 103-dong 1; and (d) had the victim, who was demanded by the victim, using a round table, take a bath to turn off; and (e) had the victim go against the elevator wall.

2. The Defendant, at the time and place specified in paragraph 1, destroyed the property owned by the victim, including the number of days attached to the lower table, which was attached to the lower table, by a method of cutting off the lower table, two times the lower table, in which the victim hacks at the time and place specified in paragraph 1, and the number of days on which the lower table was attached to the lower table.

Summary of Evidence

1. The legal statement of the witness C;

1. On-site destruction photographs;

1. References to inquiries into facts (D scheduled departments);

1. Criminal Records: (A) of a reply to inquiry, such as criminal history, investigation report (verification during the period of suspension of the execution of a suspect), - One copy of a written judgment (one copy of a criminal defendant's denial of a criminal act, but the witness C's legal statement is not consistent and inconsistent with other evidence, such as site damage photographs, and the attitude of statement is sufficient in light of the following.

According to this, criminal facts are sufficiently recognized.

Application of Statutes

1. Relevant Article 260 (1) of the Criminal Act and Article 366 of the Criminal Act concerning facts constituting an offense, and Article 260 (1) of the same Act concerning the selection of punishment;

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. Article 334(1)1 of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”).

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