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(영문) 서울중앙지방법원 2016.02.15 2015고정543
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. Around March 17, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint residential intrusion) jointly with C, at the third floor electric room of the building underground of Jongno-gu Seoul Metropolitan Government Jongno-gu D. Around March 7, 2014, the victim E, a management warden, installed a locking device, etc., and intruded into the building managed by the victim.

2. Around October 19, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint property damage) jointly with C, and then damaged the 120,000 won of the entrance locking device market installed by the victim E in the above D building’s third floor electric room around October 19, 2014 through the repair hole.

3. The Defendant infringed upon a structure, at the time, at the place specified in paragraph 2, destroyed the lock locker of the electric room, such as the description, and invaded upon the structure managed by the victim E.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Second police statements made to E:

1. A criminal investigation report (Attachment ofCCTV image data, etc.);

1. Application of Acts and subordinate statutes to the aggregate building ledger and copy of the judgment;

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; hereinafter the same shall apply); Article 319(1) of the Criminal Act (joint residential intrusion); Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act; Article 366 of the Criminal Act; Article 319(1) of the Criminal Act; Article 319(1)1 of the Criminal Act; Article 366 of the Criminal Act; Article 319(1) of the Criminal Act (a) of the Criminal Act; and Article 2(2) of the same Act (a) of the Punishment of Violences, etc. Act, the selection of fines for each 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant used the said parts of the said parts of the common area as a division room for the preparation of a usual performance, etc., and the victim himself.

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