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(영문) 춘천지방법원 2013.03.28 2013고정87
재물손괴
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On September 22, 2012, at around 17:00 on September 22, 2012, the Defendant: (a) removed a 30,000 radius of the market price owned by the victim, which was prepared and used in advance by the victim C, in a groundwater pipe used by the victim C in Chuncheon-si, Chuncheon-si; and (b) damaged the property by removing a rupture equivalent to KRW 30,000 in the market price of the said groundwater pipe’s possession.

2. On September 23, 2012, the Defendant: (a) destroyed property by cutting the electric strawer electric wires drawn up with the victim’s possession, which Doluco kn if he knows that the victim would again use groundwater at the same place on September 23, 2012; and (b) destroyed property in a way that the amount equivalent to KRW 290,000 of the repair cost would be equal to KRW 290,000.

Summary of Evidence

1. Defendant's legal statement;

1. C police statement;

1. Taking photographs of cut electric mortars;

1. Taking photographs of ruptures of the damaged groundwater;

1. Application of the statutes governing a written estimate;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant reflects the crime of this case, and is not agreed with the victim until now, and that there are many criminal records including the one-time same criminal records. Such circumstances include the defendant's age, character and behavior, occupation and environment, and the various circumstances shown in the oral proceedings of this case shall be determined as ordered by taking into account the above circumstances.

It is so decided as per Disposition for the above reasons.

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