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(영문) 서울북부지방법원 2018.08.23 2018고정702
재물손괴등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person engaged in a pedal business, and the victim C (V, 62 years of age) is a limited teacher for three years.

A. On May 9, 2017, around 14:00 to 15:00 on the same day, the Plaintiff destroyed auxiliary locks worth KRW 5,000 at the market price by forcing the entrance from the residence of the said victim, which was attached to the entrance door, in a manner that the entrance was forced to be cut off from the residence of the said victim, Gangnam-gu Seoul, Gangnam-gu, Seoul, to remove the auxiliary locks installed on the entrance door.

B. In the time, time, and place of the above paragraph A, the entrance door auxiliary key was damaged and intruded into the victim’s residence in the same manner as the above paragraph A.

Summary of Evidence

1. The legal statement of the witness C;

1. Investigation report (Submission of reference materials for complainants);

1. An entrance photograph;

1. A certificate of the matters of reading centers;

1. Application of Acts and subordinate statutes to investigation reports (verification of auxiliary repair costs);

1. Relevant Article 366 of the Criminal Act, Article 319 of the Criminal Act, Article 319 of the Criminal Act, and the selection of fines for negligence;

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 334(1) of the Criminal Procedure Act (Article 334(1) of the Provisional Payment Order (Article 334(1) of the Criminal Procedure Act provides that the defendant and his defense counsel did not have any intention to damage property, the utility of the auxiliary locks of this case was not lost, and entered his residence

As such, in full view of the above evidence, it is clear that the defendant was not in good condition prior to visiting the victim's residence, and in such a situation the victim consented to the entry of the defendant.

보긴 어려우며, 나 아가 보조 자물쇠의 위치나 보조 자물쇠가 걸린 상태에서의 출입문의 열림 정도가 한 뼘 정도에 불과 한 점에 비추어 보면, 피고인이 보조 자물쇠의 잠금 상태를 알지 못하였다고

It is difficult to see, and eventually, the auxiliary locks are separated from the entrance due to the Defendant's knick act.

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