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(영문) 의정부지방법원 2017.06.22 2017고정751
재물손괴등
Text

Defendant shall be punished by a fine of KRW 2,000,000 (No. 2,000).

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

Reasons

Punishment of the crime

The defendant and the victim B (the second, third and third) are neighboring residents who reside in the same apartment.

1. On December 3, 2016, the Defendant, at around 23:45, was smoking tobacco in C Apartment-dong 104, 5-dong 104.

The injured person said that the Defendant has a tobacco smoked into his own house, and said that the victim told the Defendant to smoke from tobacco at a certain point.

The Defendant assaulted the victim's sexual intercourse with the victim by taking the victim's sexual intercourse once by the defendant.

2. After assaulting the victim as above, the Defendant: (a) 104-dong 5O-dong 104-dong 104-dong 2; and (b) 10-dong 2; and (c) 10-dong 5-dong 2; and (d) 204-dong 10-dong 2; and (c) 204-dong 200-dong 2, the victim, outside of the said victim’s dwelling place, had the front door installed a hand

Accordingly, the defendant damaged the lock lock locker owned by the victim and infringed on the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Photographs of the damaged locker, photograph of the victim himself/herself, photograph of the victim, and photographic materials on the damage, etc. to his/her entrance;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article 366 of the Criminal Act, the choice of punishment against the crime, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act (the point of intrusion upon residence), Article 260 (1) of the Criminal Act, and the choice of fines, respectively;

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. The determination of the Defendant’s mental and physical disorder under Article 334(1) of the Criminal Procedure Act is based on various circumstances, including the background leading up to the crime acknowledged by the evidence duly adopted and examined by the court, the means and method of the crime, and the Defendant’s behavior before and after the crime.

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