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(영문) 춘천지방법원 2017.12.21 2017고단1086
특수재물손괴
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 13, 2017, the Defendant damaged special property: (a) around 20:00 on May 13, 2017, the Defendant: “D” operated by the Victim C, the husband, who is the husband of Gangwon-gun, Seocheon-gun, Gangwon-do, for the reason that the victim was not in a usual room but in a drinking house; (b) caused the victim’s fright to the front of the cargo vehicle of Epoter owned by the victim; and (c) caused the damage to the free will of approximately KRW 300,000 at the market price.

Accordingly, the defendant damaged the property owned by the victim by using the stones, which is a dangerous thing.

2. On May 19, 2017, the Defendant: (a) at the place indicated in paragraph (1) around 04:00 on May 19, 2017, at around 04:0, at around 19:0, the Defendant: (b) teared four small-waves owned by the victim for the foregoing reason; (c) teared four rays from the wall to the wall; and (d) continuously laid on the floor a television gramconconsor on the floor; and (d) continuously, (e) took one gramconsort.

Accordingly, the defendant damaged the property owned by the victim using a knife, which is a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to report internal investigation (related to initial investigation into the scene), processing table of reported cases, field photographs, investigation reports (related to the assessment of the amount of damage, telephone conversations with victims and telephone conversations), 112;

1. Relevant provisions of the Criminal Act and Articles 369 (1) and 366 of the Criminal Act concerning the selection of punishment 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 of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the damage to the victim’s property by using the stones or knife, which is a dangerous article by the defendant, is a bad character in light of its violent nature.

However, the defendant and the victim are married with each other, there are circumstances to consider the circumstances leading to the crime of this case, the victim does not actively want the punishment of the defendant, and the defendant in 2014.

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