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(영문) 대구지방법원 서부지원 2018.11.27 2018고정433
특수재물손괴등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person engaged in agriculture (over-the-counter) and is a legal couple with the victim C (the 57 years of age).

1. On May 8, 2018, the Defendant, while under the influence of alcohol around 14:00, destroyed the Defendant’s damage to a special property, she shall not cause her damage to a victim, who is leaving a dry field warehouse in a dry field owned by the Defendant located in Gyeong-gun, Sung-gun, Seongbuk-gun,” and she shall not cause her damage to the victim, which is a dangerous object, by using her sprink, which is a dangerous object, by leaving the open space equivalent to three million won at the market price during which he was screening.

2. The Defendant, at the time and place specified in the preceding paragraph, threatened the victim with dangerous objects, such as kniffing the victim, and intending to remove the victim’s head, on the ground that the victim was leaving the place without doing external work.

Summary of Evidence

1. Statement by the defendant in court (as at the second public trial date);

1. Statement made by the police against C;

1. Complaint;

1. A report on an investigation (Submission of a diagnosis report by a victim), - A diagnosis report;

1. Investigative report (Attachment to the 112 Report List for Handling Reporting Cases), -112 List for handling reported cases;

1. Application of Acts and subordinate statutes to report on investigation (report on contents of victim C telephone statement);

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, and the selection of fines for the crime;

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. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act (see, e.g., the fact that the defendant acknowledges and reflects his/her mistake, the victim mentioned the defendant, the defendant's wife against the defendant, the age of the defendant, etc.);

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