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(영문) 전주지방법원 2017.07.07 2017고정225
재물손괴
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On December 105, 2016, the Defendant damaged the effects of the property by damaging the spact pumps and joint plates in a quantity attached to the victim's outer wall of the building (113 cm in length, 2.5 cm in length) using the hack pipe (113 cm in length, 2.5 cm in width) on the ground that the Defendant, at around 11:00, the victim D (7 kn, south) located in the north-west-gun C, the boundary of the Defendant's residence was invaded on the buck roof of the buckbol of the gambling house E operated by the Defendant, thereby impairing the effects of the property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Each police statement made to D or F;

1. G statements;

1. Each investigation report (related to attachment of photographs on the scene of a crime, attachment of a certified copy of resident registration, etc., attachment related to the victim family relationship register, etc., attachment of a quotation, and on-site verification);

1. Application of each statute on photographs;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the defendant and his defense counsel under Article 59(1) of the Criminal Act (Reasons for sentencing as follows) of the suspended sentence

1. The defendant and his defense counsel's assertion that they did not destroy the styp or joint plate attached to the victim's outer wall of the wall.

2. In light of the following circumstances admitted by the evidence as seen earlier, there is no reasonable doubt that the Defendant’s aforementioned assertion by the Defendant and the defense counsel is not acceptable, as stated in the judgment of the court below, since it may be acknowledged without any reasonable doubt that the Defendant damaged the styrene or the joint board attached to the victim’s private house outer wall.

A. The victim consistently stated in an investigative agency and this court that “the Defendant was removed from the strings and joints attached to his strings on his strings outer wall, and reported to the removal of the strings and joints.”

(b)F shall hear the sound disputing the Defendant and the victim;

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