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(영문) 인천지방법원부천지원 2020.10.29 2020고단1863
특수재물손괴등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Around April 3, 2020, the Defendant: (a) caused special property damage to the stairs going on the rooftop from 20:15 to 2nd floor of Bupyeong-si B and the second floor; (b) caused the victim C (Nam, 59 years of age)’s residential main entrance window to the main entrance door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door up to 300,000 won for repair; and (c) caused damage to the victim who was parked on the rooftop door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door up to the right part of the said car, thereby damaging the part behind the right part of the said car, thereby damaging the amount of KRW 275,000 won for repair cost.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. The Defendant was suffering from the victim E (ma, 45 years old) and the victim F (ma, 50 years old), etc. who had been going through a road by cutting gate, which is a dangerous object on the rooftop, at the same time and place as described in paragraph 1.

Accordingly, the defendant, carrying dangerous articles, and assaulted victims.

Summary of Evidence

1. Application of the Act and subordinate statutes to the police's statement C to the defendant's legal statement, E to the police's statement, on-site photographs of the F, and investigation reports (explo

1. Article 369 (1) and Article 366 of the Criminal Act concerning the facts constituting an offense, and Articles 261 and 260 (1) of the Criminal Act;

1. Selection of a fine for each type of punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (including the fact that the defendant recognized the crime of this case and reflects the fact that the defendant did not have any past record, other than four times of fine, the fact that the defendant agreed with the victim C, and the fact that the defendant seems to require medical treatment rather than punishment);

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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