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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On February 5, 2016, around 06:40, the Defendant damaged the 10,000 won of the market price, which is the victim’s possession, installed at the entrance of the said store, in front of D and E stores with the right to manage (hereinafter “instant stores”).
Summary of Evidence
1. Witness F;
1. Results of each CCTV video verification conducted by this Court;
1. Entry of a defendant in part in the protocol of second public trial;
1. The statements of witnesses C and G in the third public trial protocol;
1. Each police statement protocol with respect to G and C;
1. Application of Acts and subordinate statutes on report on the occurrence of losses;
1. Relevant Article 366 of the Criminal Act concerning a crime. Article 366 (Selection of Penalty)
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act
1. The Defendant alleged that he did not open to the scene and did not destroy locks.
Since the store of this case is owned by the defendant and the price of the gold prior to the occupation is lawfully possessed by the decision of disposition, the act that obstructs the use of the store is dismissed as unlawful by the act of political party or self-help.
2. According to the result of the CCTV verification by the court of this case where the defendant committed damage, on February 5, 2016, where a male who appears to be the senior citizen before the instant store around 06:45, 2016 used as a H and promptly embling the string by wearing a miter, miter, cap and mast, and wearing a stringer, at the time of the locking well-locked, a person (I appears to have opened the door of the store and one half of the string of the strings, leading I to open the door of the store and enter the strings in the store, and then I start the string of the strings, and go off the strings of the strings and makes in a string, and go well.