(영문) 서울서부지방법원 2020.05.08 2020고단594

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(영문) 서울서부지방법원 2020.05.08 2020고단594

재물손괴등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

The defendant is the one who has divorced from the victim B.

On December 18, 2019, the Defendant, around 03:30 on December 18, 2019, destroyed by leaving the door door of 200,000 won at the market price owned by the victim, on the ground that the victim's residence of the Yansan-gu C apartment D was not opening the door.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and B;

1. Application of Acts and subordinate statutes to damaged sites and photographs;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. On November 14, 2018, the judgment was finalized on November 22, 2011, when the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was sentenced to a suspended sentence of six months by imprisonment with prison labor for an injury at the preceding district court.

Although the crime of this case was committed, the nature of the crime of this case is not good, the defendant appears to have committed the crime of this case, and the victim does not want the punishment of the defendant, and other various sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as ordered.

Public prosecution dismissal part (Intimidation)

1. The summary of the facts charged was found at around 03:30 on December 18, 2019 in the victim B’s residence indicated in the above facts constituting the crime, and the Defendant threatened the victim by speaking to the large voice, “I will know whether I would have to make a report to the police if I would have to do so, and will be sentenced to the calculation of tax base,” and “I will be sentenced to the calculation of tax base, and I will be sentenced to the calculation of tax base,” at the same place as in the same day on the same day.

2. The facts charged are a crime falling under Article 283(1) of the Criminal Act, which is against the will expressed by the victim under Article 283(3) of the Criminal Act.

참조조문

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