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(영문) 대전지방법원 서산지원 2021.03.29 2021고정11
특수재물손괴등
Text

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

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person of Chinese nationality, and the victim B (the age of 52) is a defendant who has naturalization from Chinese nationality to Korea.

1. A property damage Defendant: (a) around October 9, 2020, around 02:40, damaged the secret number of the fishing village in front of the D apartment E heading door, which is the victim’s residence in Jin-si, Jin-si, Jin-si, Jin-si; and (b) damaged the fishing village in an amount equivalent to KRW 300,000,000, market value of the victim’s ownership, by putting the secret number of the fishing village in front of D apartment E heading door.

2. Around 10:30 on October 9, 2020, the Defendant: (a) damaged a scam, which is a dangerous object that was prepared in advance to avoid the opening of the scam, even if the scam is damaged at the places described in paragraph (1) at around 10:30 on October 9, 2020; (b) damaged a lock-out lock-out lock-out lock-out lock-out lock-out lock-out lock-up, the victim’s possession, and then damaged the scam of the scam to the scam of the scam, the total market value of which is KRW 7.8 million on the market value of the victim’s possession.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. B written statements;

1. A protocol of seizure and a list of seizure;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the 112 reported case processing list and report on internal investigation (such as dispatch to the scene);

1. Relevant legal provisions concerning facts constituting an offense, Articles 369(1), 366 of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines, respectively;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in the purport that the victim, who is the spouse, was prevented from entering and leaving the place of residence by changing the password of the defendant, thereby preventing him/her from committing each of the crimes of this case.

However, the defendant had already been set off by the police officer who attempted to intrude into the above residence due to the crime of destroying property at around 02:40 on the day of the case.

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