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(영문) 대전지방법원 천안지원 2018.10.16 2018고정665
재물손괴
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

The Defendant, who is the mother of the Victim C, had been hedging in the past with D.

1. On May 9, 2018, the Defendant committed the crime, around May 21, 2018, and around May 21, 2018, destroyed the Non-repair of the repair cost by inserting the main door in the gate of the door door to the location where the victim was living together with the victim, in front of Dong-dong E-gu, Nam-gu, Chungcheongnam-gu, Seoul, where the victim was living together with the victim, but did not open the door.

2. On May 15, 2018, the Defendant committed the crime at around 20:30 on May 15, 2018, and found the above D at the above place, but did not open the door, thereby damaging the Defendant’s failure to repair cost by inserting the tamper, tamper, and tamps into the tamper’s key to the location.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. Application of statutes on site and photographs of damaged objects and investigation reports (CCTV investigation);

1. Relevant Article of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting a crime;

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 degree of damage caused by the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) is significant;

It is difficult to see it.

No defendant shall be subject to criminal punishment exceeding a fine.

However, the defendant has repeatedly damaged the victim's property and caused inconvenience to the victim.

There is no circumstance that efforts have been made to recover damage or to agree.

In addition to this, the defendant's age, sex, environment, circumstances of crime, and circumstances revealed in the trial process shall be determined as follows.

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