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(영문) 창원지방법원 마산지원 2018.09.12 2018고정170
재물손괴등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the husband D of the victim C who has a debt relationship with the victim C.

1. On September 28, 2017, at around 22:00, the Defendant threatened the victim by following the G bargaining vehicle on which the victim and her husband D are on the part of the I branch located in the same Gu H, and then, on around 22:30 of the same day, the Defendant threatened the victim by stating, “The victim will die in a knife, flaf, packer knife, and will die in a knife knife.”

2. The Defendant damaged property at the same time and place as in the preceding paragraph, and at the same time and place, the victim and her husband are faced with a glass window after the flaging vehicle owned by the victim and her husband.

Accordingly, the Defendant damaged the glass window of a vehicle equivalent to 165,000 won in the market price owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. Application of the written complaint, written estimate, and photographic Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 366 of the Criminal Act, Article 283 (1) of the Criminal Act, and the selection of fines concerning 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. The sentencing conditions indicated in the public trial of this case, such as the fact that the defendant had the same record as the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the injury has not been recovered, the degree of damage, and the circumstance of this case, shall be determined as ordered in light of the sentencing conditions indicated in the public trial of this case.

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