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(영문) 서울서부지방법원 2018.03.14 2017고단3477
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a Vietnamese national and is staying in Korea as a qualification for bringing up his/her child.

On July 22, 2017, the Defendant destroyed and damaged property worth KRW 3,600,000,00 from around 01 to 01:52, which was located in Yongsan-gu Seoul, Yongsan-gu, Seoul. The Defendant: (a) opened a 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 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 door door door door door door door door door door door door door door, 10,000 from around 20.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a investigative report (data to cut offCCTV), a investigative report (verification of the recovery of damaged objects), a criminal investigation report (expenses for the goods in strike), and a criminal investigation report (written appraisal by the National Institute of Scientific and Investigative Research).

1. Relevant legal provisions of the Criminal Act and Articles 331(1) and 366 of the Criminal Act (the occupation of larceny) concerning criminal facts and the selection of 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Claims and determination of the Defendant and the defense counsel under Article 62(1) of the Criminal Act

1. The defendant's husband of the victim who made a male-friendly appearance by the defendant brought about the articles of this case in mind to contact the defendant, and there was no intention of illegal acquisition, which is an intention to use and dispose of the articles of this case as owned. Thus, larceny is not established.

The argument is asserted.

2. The expression of intent to acquire illegality necessary for the establishment of larceny refers to the intention to use and dispose of another person's property as his/her own property, excluding right holders.

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