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(영문) 서울서부지방법원 2017.05.24 2017고정339
재물손괴
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On September 2016, the Defendant damaged the property by taking away piracy trees equivalent to 30,000 won at the market price of the damaged C owned by the Defendant, on the ground that the Defendant, who was living in the lower floor, was under stressed due to the noise between the victim C (M, 43 years old) who was living in the upper floor from the stairs of the fourth floor of the building B at Jeju-si, 2016.

2. D Coin also damaged the property of a motor vehicle: (a) during the period from November 19, 2016 to December 2, 2016, the Defendant: (b) Docoin, which was parked at the same place for the same reason as that set forth in the preceding paragraph, carried the first antenna of the motor vehicle owned by the victim C by hand; and (c) damaged the property equivalent to the amount of repair cost for repair of beverages, such as food waste and waste, cryp, coffee, and spawn, which are in need of repair by spreading to the motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes on photographs and CCTV images;

1. Article 366 of the Criminal Act and the choice of fines concerning facts constituting an offense;

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 concerning the order of provisional payment;

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