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Reasons
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(영문) 춘천지방법원 원주지원 2016.07.21 2016고단274
재물손괴등
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Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 500,000, respectively.

The Defendants stated above.

Reasons

Punishment of the crime

Defendant

A is the husband of the victim D, and the defendant B is under divorce proceedings between the defendant A and the victim due to the weather of the victim. From April 2015, it is under separate living from the victim.

1. Around January 29, 2016, Defendant A, at around 16:54, found the victim’s residence in 10, 200-dong 10-dong 2 (hereinafter “the apartment of this case”) and found his clothes, and the victim confirmed the suspicion that he would live with another male, Defendant A, who damaged the property, destroyed the property by displaying his identification card that “the denying number is changed, and the contact is opened for 3 days, and the contact is opened.” The above F would damage the fish installed in the front door of the victim’s residence so that the repair cost is 230,000 won.

2. Violation of the Punishment of Violences, etc. Act (joint residence intrusion) Defendant A destroyed fishing village as mentioned above at the date, time, and place specified in paragraph 1, caused Defendant B to go through the entrance and exit of Defendant B to the said place, and entered the said place, and entered the said place.

Accordingly, the Defendants jointly intruded upon the victim’s residence.

3. The Defendant A had entered the victim’s residence at the time and place specified in paragraph 1, as described in paragraph 2, and had found motor vehicles, and had followed the internal cremation in the victim’s residence, which was given the victim’s appearance.

Accordingly, the defendant searched the victim's residence.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. D Legal statements;

1. Statement made by the police with regard to F;

1. Reporting on the arrest of a case;

1. Determination to take ad hoc measures;

1. Written estimate;

1. Application of the statutes governing apartment CCTV-recording CDs;

1. Defendant A of the pertinent Article of the Criminal Act regarding the facts constituting an offense: Article 366 of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, Article 321 of the Criminal Act, and Article 321 of the Criminal Act, respectively.

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