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(영문) 부산지방법원 2015.08.21 2014고단9206
재물손괴등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 재물손괴 피고인은 2014. 4. 20. 09:00 ~ 15:00경 부산 사상구 C빌라 인근 텃밭에서 피해자 D이 경작중인 시가 합계 약 345,000원 상당의 도라지, 상추, 배추, 방풍나물, 기똥쑥 등을 발로 밟아 손괴하였다.

2. On April 30, 2014, the Defendant: (a) around April 20, 2014, entered the Busan police station’s investigation in the Busan Sindong-dong, Busan, and at the office of the first team office in the economy and police station’s office in Busan, which received from the judicial police officer E an examination of the Defendant regarding the case where the property damage and damage under paragraph (1) was caused by considerable criminal records; (b) the police officer’s name and resident number questioning the Defendant’s personal information, and submitted the said “F” signature in the statement column of the Defendant’s newspaper protocol prepared at the time of the examination to the said police officer.

Accordingly, the defendant forged another person's signature for the purpose of exercising the right, and exercised the forged other person's signature.

3. On June 11, 2014, at the place prescribed in paragraph (2) around June 11, 2014, the Defendant: (a) was examined by judicial police officers E on the second time with respect to the case of causing property damage under paragraph (1); and (b) signed the “F” in the statement column of the Defendant’s newspaper protocol prepared for the same reason as prescribed in paragraph (2) and submitted it to the said police officer.

Accordingly, the defendant forged another person's signature for the purpose of exercising the right, and exercised the forged other person's signature.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Each police suspect interrogation protocol with respect to F (those signed in the name of the defendant F);

1. Each police statement concerning D;

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for a crime, Article 366 of the Criminal Act, Article 239(1) of the Criminal Act (the point of each private signature), Article 239(2) and Article 239(1) of the Criminal Act

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