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(영문) 의정부지방법원 2019.02.14 2018고정1420
재물손괴등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Defendant

A and the victim B are living together for six months without the intention to marry.

1. Around 06:00 on July 1, 2018, the Defendant damaged the property by, for instance, taking the victim B (20 years of age, female director) into account the third floor of the building C, the victim was living together with the victim at the time when the victim was living together with the victim, such as the Nowon-gu, the amount equivalent to KRW 870,00,00,000, and the amount equivalent to KRW 30,000,00,000.

2. The injured Defendant committed assault, such as breaking the Hague press to the face of the victim B, which would not damage an object at the time and place of the above paragraph 1, and breaking the left chest of the female by hand.

As a result, the Defendant inflicted an injury on the victim by the “infection base, left-hand salt base,” which requires approximately 21 days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Report on occurrence (damage, destruction, and assault) damage parts and field photographs, report processing table, injury diagnosis statement, and receipts for the repair cost of Nowon-gu;

1. The application of Acts and subordinate statutes to check criminal records, etc., report on the failure to take dispositions, and report on results;

1. Relevant Article 36 of the Criminal Act, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of fines for the crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. As to the issue of the main text of Article 186(1) of the Criminal Procedure Act to bear the costs of lawsuit, the Defendant and the defense counsel asserted that the Defendant committed an injury by exercising a tangible power, such as satisfing the Hague frame, although the Defendant was in a bad order, the Defendant was in a department to satisfing the satisfy, so the Defendant did not have any criminal intent to commit property damage. Since the above satisfy was owned by the Defendant, it does not constitute a crime of property damage.

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