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(영문) 부산지방법원 2016.07.14 2016고단2058
재물손괴등
Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. On February 3, 2016, the Defendant damaged property: (a) around 16:20, the victim D (59) of the victim D (E) located in Busan Seo-gu, Busan Seo-gu, the Defendant laid off the entrance door to the front of the “E”, which was operated by the Defendant, for the reason that the victim parked in front of his/her house on the ground that he/she parked in the front of his/her house; and (b) laid down the bar door at the entrance of the victim who was installed in the above upper part of the victim’s upper part; and (c) laid down the door door so that the amount equivalent to KRW 2.50,

Accordingly, the defendant damaged the victim's property.

2. The Defendant was under investigation by the police box of the Busan Yandong-gu, Busan Yandong-gu, on the same day, on the part of the victim, who was reporting the act of destroying property as referred to in paragraph (1). On the ground that the victim reported it, the Defendant was slurging the victim and slurging the victim to the right part of the victim’s right part.

Accordingly, the defendant committed assault against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of fines for the crime;

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are several criminal records with regard to the order of provisional payment. In addition, the Defendant’s liability for committing the instant crime is not easy, without being aware of or against the period of suspension of execution.

However, the sentence shall be determined as per the order in consideration of the fact that the defendant is against the defendant, the age, sex, environment, etc. of the defendant.

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