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(영문) 의정부지방법원 2020.10.22 2020고정1222
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

The Defendant is a person operating a “B” company.

On March 20, 2020, the Defendant, around March 20, 202, built the building of the balcony glass in the victim D (52 years of age, women) in Gyeonggi-gun C.

However, the victim was unable to pay the balance because the Corporation's glass was not a multi-story glass, and the defendant demanded the balance as the Corporation was conducted with a multi-story glass.

As above, there is a dispute between them;

On April 8, 2020, at around 18:10, the Defendant confirmed that the construction was done with a double-story glass, using 97 centimeters in length and 7 centimeters in thickness and 1 larger glass windows (a.e., 70cm in height, 240cm in height) installed on the victim’s one floor of housing (a.e., 100cm in height, 30cm in height) and 1 small glass windows (a.e., 100cm in height, 30cm).

Accordingly, the defendant used the hacks, which are dangerous goods, to damage the victim's free window 2, the market price of 3,800,000 won.

Summary of Evidence

1. A criminal defendant's statement in court;

1. Application of the police statement law to D;

1. Article 369 (1) and Article 366 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

1. The sentencing conditions specified in Article 334(1) of the Criminal Procedure Act, which include the following circumstances, shall be determined as ordered in consideration of all the sentencing conditions specified in the instant case.

The favorable circumstances: The defendant's recognition of the crime of this case and reflects the defendant, and the defendant seems to have established the favorable treatment after the crime of this case and thus have been punished for the same crime:

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