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(영문) 서울북부지방법원 2018.06.28 2018고단1594
특수재물손괴
Text

The sentence against the accused shall be 5,000,000 won.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

The defendant is a person who resides below the victim C's apartment house.

On March 9, 2018, the Defendant got out of the victim's residence located in Seoul Special Metropolitan City, Nowon-gu D Apartment 304 Dong 602 due to noise between around 22:50 on March 9, 2018, the Defendant was released from a tree, which is a dangerous object, the two head of the victim's laundry room, which is a 100,000 won per opening.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of the statutes on CCTV image data taken in the scene of damage, and the form of a crime by a suspect;

1. Article 369 of the Criminal Act applicable to the crime, Articles 369 (1) and 366 of the Criminal Act, the selection of fines for the crime, and the selection of fines;

1. The crime of launding the window of laundry room located in the victim’s residence is likely to be highly dangerous to the punishment of Articles 70(1) and 69(2) of the Criminal Act, which are objects dangerous to the reasons for the sentencing of the same Articles, and the victim seems to be highly likely to have a laundde.

Moreover, the Defendant was sentenced to one year of imprisonment with prison labor by the Gwangju District Court on January 30, 2015 and completed the execution of punishment in the Gwangju Prison on October 29, 2015, but committed the instant crime during the repeated crime period.

However, it appears that the defendant recognized the crime of this case and expressed his intention that the injured party does not want the punishment of the defendant by unanimous agreement with the injured party C.

Detailed circumstances, such as the developments leading to the instant crime, and the age, occupation, sex, family relationship, circumstances before and after the instant crime, and the conditions of sentencing as shown in the arguments shall be comprehensively determined as ordered.

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