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(영문) 인천지방법원 부천지원 2015.02.05 2014고단3351
재물손괴
Text

Defendant

A shall be punished by a fine of 1,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendants, as married couple, are operating 'D cafeteria' in the Seocho-gu Seoul Metropolitan City, Seocheon-gu.

1. At around 18:00 on September 28, 2014, the Defendant: (a) asked the victim B (n, 39 years of age) about the content of the victim’s dynamics and telephone conversations in the above restaurant; (b) on the ground that the market price on the victim’s ownership cannot be determined, Defendant A left the Samsung Galthal lus, where the victim’s market price cannot be determined, and damaged it.

2. Defendant B

A. The Defendant violated the Punishment of Violence, etc. Act (the act of causing damage to a deadly weapon, etc.) was destroyed by a watch, which is a dangerous object that the victim A (the age of 42) destroyed the Defendant’s mobile phone at the same time and at the above place, and caused damage to the repair cost.

B. The Defendant violated the Punishment of Violence, etc. Act (a collective threat of deadly weapons, etc.) caused the victim’s destruction of and damage to his/her soft North Korea at the same time and place as set forth in paragraph 2(a), and continued to do so, knife the knife length of the knife would be 23 cm with the victim, and threatened the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of field photographs and Acts and subordinate statutes for reporting investigations;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 366 of the Criminal Act; Selection of fine

(b) Defendant B: Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act (a)

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B’s discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B: Article 62 of the Criminal Act.

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