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(영문) 의정부지방법원 2017.11.30 2017고정1136
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

Punishment of the crime

1. On December 25, 2016, the Defendant damaged the victim-owned signboards by damaging the electric wires and control tower boxes connected to the signboards installed therein, at the “E” entertainment station for the victim-owned victim D’s 10:10,00 on the ground that around 10, 2016, the Defendant damaged the victim-owned signboards.

2. From around 20:00 on December 25, 2016 to 20:30 on the same day, the Defendant obstructed the victim’s main shop business by force by avoiding disturbance by forcing the victim to avoid disturbance, by holding the victim’s disturbance with a large voice of “the monitor electric power will see it well,” which is going to the main shop while many customers live.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police with regard to F;

1. Data on investigation reports (data on CCTV same site submitted by the victim) and CCTV photographs;

1. Application of Acts and subordinate statutes concerning a copy of the contract for transfer of real estate right and a written estimate of repair;

1. Relevant Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, and the selection of fines for 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that it is not good that the Defendant destroyed the signboard and obstructed the main business even though the Defendant transferred the instant main office’s goodwill to the victim. The Defendant did not agree with the victim. In addition, the details of the instant crime and circumstances before and after the instant crime, the Defendant’s age, sexual conduct, criminal records, etc. are considered, and the punishment as set forth in the Disposition above is determined.

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