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(영문) 서울북부지방법원 2013.04.08 2012고정3546
재물손괴
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant was sentenced to eight months of imprisonment with prison labor at the Seoul Northern District Court on August 10, 201, and the said judgment became final and conclusive on October 22, 201, and on February 20, 2013, with respect to each crime of interference with business committed by the Seoul Northern District Court prior to the final and conclusive date of the judgment on the above crime of injury, the Defendant is a person who was sentenced to five months of imprisonment with prison labor for each of the crimes of violation of the Act on the Punishment of Violence, etc. (joint injury) committed after the date of final and conclusive judgment on the above crime of injury in August 201, and the said judgment becomes final and conclusive on February 28, 2013.

On May 15, 2012, around 15:20, the Defendant found at the home of the victim B apartment No. 107 Dong 615, Seoul Special Metropolitan City, Nowon-gu, the Defendant’s wife D and the victim thought to have the wind, and damaged two copies of the glass windows that were prepared in advance and the market price cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs photographs of damage and CCTV data;

1. A previous convictions in judgment: Before and after confirmation, report on results of confirmation, previous convictions and report on results of confirmation, and application of Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. The crime of this case, which is sentenced to punishment in consideration of equity and the crime of this case and the crime of violation of the Punishment of Violences, etc. Act, under the latter part of Articles 37 and 39(1) of the Criminal Act dealing with concurrent crimes (the crime of this case and the crime of this case, which became final and conclusive on February 28, 2013, are concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of interference with business. However, due to the existence of final and conclusive judgment on the above crime of injury, the above crime of this case cannot be sentenced simultaneously to the crime of interference with business at the same time with business. Thus, in applying Article 39(1) of the Criminal Act, the above crime of interference with business is not considered (see Supreme Court Decision 2009Do948, Oct. 27, 20

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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