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(영문) 울산지방법원 2018.10.17 2018고단1968
재물손괴
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. From around 10:00 on March 30, 2018 to around 10:00 on April 3, 2018, the Defendant had its incidental effects, such as where two CCTV signboards were placed on the floor at the market price of 30,000 won, which is the victim’s possession.

2. On April 15, 2018, around 13:30, the Defendant removed one of the CCTV signboard at the market price, the victim’s possession, in his/her hand, at the above location, and thereby, damaged its utility by means of removal.

3. On April 18, 2018, around 15:50, the Defendant removed four signboards, such as CCTV signboards and signboards prohibiting entry into and exit from the market price, which is the victim’s ownership, in his/her hand, at the above location, and lost their utility.

4. On May 2, 2018, the Defendant: (a) at the foregoing place on May 2, 2018; (b) 4 signboards, such as the victim-owned CCTV signboards and signboards prohibiting entry into and exit from the market price; and (c) dumped red car presses cannot be identified as a signboard; and (d) dump the Defendant’s utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared in C;

1. On-site photographs (the sequence 4,20 of the evidence list);

1. Application of Acts and subordinate statutes to each scene of crime, or CCTV (Evidence Nos. 6, 10, 13) in the vicinity of the place of crime;

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. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the amount of damage caused by the instant crime is not so significant, the means and circumstances of the crime do not entail risks, and the fact that the Defendant and the victim are friendly.

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