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(영문) 부산지방법원 2014.10.16 2014고정3510
재물손괴
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. At around 08:10 on November 10, 2013, the Defendant: (a) committed assault from E on the ground that the Defendant, at the scene of the construction of an apartment building in Busan Seo-gu; (b) the Defendant expressed the victim D with the on-site Director D; and (c) was assaulted by E; (d) by hand, the Defendant destroyed the victim’s property equivalent to KRW 5,107,90,00 in total amount of KRW 1,100,000 in the market price of Samsung Nowon-gu, and KRW 880,000 in the market price of the victim’s management; and (e) one telephone copy equivalent to KRW 50,00 in the market price of KRW 5,107,90 in the market price.

2. The Defendant collected stones on the date, time, and place mentioned in the above Paragraph 1 above, on the ground of the same reasons as described in the above Paragraph 1 above, and damaged the property by putting them down at five sheeted glass of a large ward owned by the victim F (1,820m aro, 1,845m a length, 22m a thickness), twenty sheet of a kitchen glass (55m aro, 195m a length, 195m a thickness, 22m a thickness).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning F;

1. A criminal investigation report and an investigation report (a criminal investigation into submission of a victim's estimate of damage);

1. Application of statutes on photographs of damage;

1. Article 366 of the Criminal Act and Article 366 of the same Act concerning the applicable criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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