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(영문) 서울서부지방법원 2013.04.17 2012고정532
재물손괴미수등
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 29, 201, the Defendant attempted to destroy and damage property, on or before the Mapo-gu Seoul Elementary School, boarded in E-si operated by the victim D before the Mapo-gu Seoul Elementary School.

At around 22:55 on the same day, the Defendant tried to lower 2,400 won for the Defendant who was locked by the victim without paying 2,400 won.

Therefore, on the ground that the victim expressed his desire to “feasia defe infeat”, the Defendant opened a door to a taxi driver’s seat and removed a video recording storage device equivalent to approximately KRW 200,000 from the market price installed in front of the taxi, but failed to take part in the attempted damage because of the lack of department.

2. In the same time, at the same place as Paragraph 1, the Defendant suffered injury to the victim of D(61) by putting 3 times the snow part of the victim D(the age of 61) on drinking for the same reason, resulting in an injury to the victim of a closed sacropic safel which requires medical treatment for 28 days.

Summary of Evidence

1. Protocol of examination of the witness regarding G;

1. Partial statement of each police interrogation protocol against the accused (including D's statement);

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 371 of the Criminal Act, Articles 371 and 366 of the Criminal Act, the choice of punishment for an offense, and Article 257 (1) of the Criminal Act (the point of injury and the choice of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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