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Reasons
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(영문) 대전지방법원 2015.02.10 2014고단897
재물손괴등
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2014 Highest 897]

1. On August 12, 2013, around 16:40 on August 12, 2013, the Defendant destroyed that the sum of repair costs would be KRW 2 million by destroying the glass windows located in the Grosp car front glass, the victim F, while complying with the property inheritance problem to the smallest 98 years old E (n.e., women) at the Drosp parking lot located in Seo-gu Daejeon, Seo-gu, Daejeon.

2. On February 14, 2014, at around 01:30, the Defendant destroyed that the sum of repair costs would be KRW 90,000,00,00 of the cost of repair by searching for the victim I (n, 56 years of age) house located in Seo-gu Daejeon, Daejeon, Seo-gu, Seo-gu, Daejeon, and destroying the son’s disease cited on the ground that the victim did not have a telephone.

[2014 Highest 1170] The defendant found several times to the "K" of the victim's house in Seo-gu Daejeon, Seo-gu, Daejeon, and the "J" of the victim's operation in Jung-gu, Daejeon, because the victim I (n, 56 years of age) did not move, and the victim abused the victim and damaged the property, but the police did not report the defect.

At around 21:00 on February 19, 2014, the Defendant: (a) found in K on February 21, 2014, led the victim’s hand in the Kabter to be towed, and prevented him from being sealed in a singing room; and (b) exercised a police force for about 25 minutes, such as “I will die if I would not prejudice the withdrawal of the complaint against the reported case.”

Summary of Evidence

[2014 Highest 897]

1. Police suspect interrogation protocol of the accused;

1. Each written statement of LI (2014 highest 1170);

1. A protocol of partial police interrogation of the accused;

1. Application of Acts and subordinate statutes of the I;

1. Relevant Articles of the Criminal Act, Article 366 of the Criminal Act, Article 5-9 (4) of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of exercising the force), and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act with regard to violence for the reason of sentencing one time (209) and violence.

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