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(영문) 인천지방법원 2016.01.21 2015고정1994
재물손괴등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On March 3, 2015, around 10:36, the Defendant: (a) sent the victim E a voice demanding compensation for television damage to the Defendant from the inside of the door of the DNA telecomter; and (b) whether the victim E puts the voice into the Handphone.

In other words, the victim E, who opened the Kabter door by drinking the victim E, who was in the opening of the Kabter while taking a large amount of the fry that “I would file a complaint in the absence of frying of television,” had the victim E, and had the victim E with a pleba and a pleba for 14-day treatment.

2. On March 3, 2015, the Defendant violated the Punishment of Violences, etc. Act (joint intimidation) around 20:00, the Defendant reported on the ground that he damaged the said teletel television and assaulted the victim E. In order to put it up to the victim F, G displayed the victim F a photograph of the telephone taken by Handphone, while displaying the victim F a photograph of the telephone taken by the Handphone. As such, the Defendant reported it to the Gu office with the victim’s unlawful knowledge and the Gu office.

"...." The defendant does not have a common sense next to the defendant, and the defendant seems to have reported his birth to the Republic of Korea only once.

“...”

Accordingly, the defendant threatened the victim F with G.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. A protocol concerning the examination of the police officer in G;

1. CCTV images and CDs (the CCTV data submitted to victims E);

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

1. Article 257(1) of the Criminal Act applicable to the crime, Article 257(2) and (1)1 of the Punishment of Violences, etc. Act, Article 2(2) and Article 2(1)1 of the Criminal Act, Article 283(1) of the Criminal Act (the occupation of intimidation and the selection of fines) of the choice of punishment for the 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. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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