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(영문) 창원지방법원 2018.09.19 2018고정479
재물손괴등
Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant and the victim C (the age of 39) were under the same apartment, and there was a conflict between the residents living in the upper floor and the noise among the residents living in the upper floor.

1. On December 29, 2017, the Defendant: (a) at the entrance of the victim’s residence of 103 Dong-dong 1003 Dong-dong 1003, Jin-si, Jin-si, Jin-si around 14:20 on December 29, 2017, the Defendant found out a door to comply with the noise problem between floors; (b) however, the victim did not open the door, and (c) took a bath by opening the door, and (d) the victim committed assault against the victim by using the cresh of the entrance door, such as “the husband of the same year with the same son’s her husband,” and booming and skeing the victim’s fat.

2. The Defendant damaged the property by making it difficult for the Defendant to take off the entrance door door door of the apartment site owned by the victim so that the function of the domination can not be operated, so that the value equivalent to KRW 2.60,000,00 in the market value of the domination exchange, because the Defendant did not open the door at the same time and at the same place as the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 260 of the Criminal Act and Articles 260 (1) and 366 of the Criminal Act concerning the selection of criminal facts and the punishment;

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. Article 334 of the Criminal Procedure Act of the Provisional Payment Order;

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