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(영문) 서울서부지방법원 2012.06.14 2011고정1329
재물손괴
Text

1. The defendant shall be punished by a fine of five hundred thousand won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 28, 2011, the Defendant was sentenced by the Seoul High Court on October 28, 201 to 10 months of imprisonment and 2 years of suspended execution for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On December 21, 2010, the Defendant: (a) around 00:30 on December 21, 2010, located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) opened the entrance doors and windows of the I real estate office operated by the victim H; and (c) damaged the property of another person in the defective house.

Summary of Evidence

1. Statement made by the witness J in the third protocol of trial;

1. The police statement of H;

1. Written statements prepared by the J;

1. A statement prepared at H on December 22, 2010

1. Previous convictions in judgment: The application of Acts and subordinate statutes of investigation reports (a copy of the judgment attached);

1. Relevant laws and Articles 366 of the Criminal Act concerning facts constituting an offense;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Act with respect to the provisional payment order

1. Summary of the facts charged

A. On December 20, 2010, at around 20:00, the Defendant damaged another’s property by destroying two news block units on the glass window market price of L real estate offices operated by Seodaemun-gu Seoul Central District Court C, Seodaemun-gu, Seoul.

B. On December 20, 2010, between 23:45 and 24:00, the Defendant destroyed another’s property by leaving the entrance door of the Nreal Estate Office D operated by the victim M of Seodaemun-gu Seoul, Seodaemun-gu, Seoul and destroying the news block by destroying the market price of the glass window.

C. On December 21, 2010, at around 00:40, the Defendant damaged another’s property by gathering fire on the street at the glass window of the entrance door of a Pcafeteria operated by the victim E of Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

D. At around 01:00 on December 21, 2010, the Defendant damaged another’s property by cutting the door door door door of the R real estate operated by Q2 F, Seodaemun-gu Seoul, Seoul, and the entrance and door door door door door door door.

2. The recognition of conviction in a judgment of conviction shall be made by a judge in a reasonable doubt.

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