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(영문) 전주지방법원 정읍지원 2015.09.22 2015고단294
재물손괴
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in fishery products sales business while operating the “E” in the D market located in the Jeonbuk-gun Group C, and the victim F is a person who operates the “G” within the said D market.

The defendant thought that H, who is the subject of the ordinary victim, neglected the defendant's wife, had a good appraisal for the victim and his family members.

At around 21:10 on January 27, 2015, the Defendant, using the crepans in which the victim completed his/her business and retired from the business, went to a crepans, and the victim, who was in his/her custody within the crepans, discontinued the rush of approximately KRW 1.5 million at the market price owned by the victim within the crepans by administering the crepans in his/her crepans, which were in his/her custody, into the crepans.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, I, J, K, L, M, and N;

1. Reports on internal investigation (related to photographs of convicts, photographs and voluntary submission of seized articles);

1. Investigation report (in cases of attaching photographs to collection of plastic paper finyl chloride which a suspect commits a crime);

1. Application of Acts and subordinate statutes to photographs taken on the spot photographs, screen pictures taken on the surface of a crime, or vinyl paper taken with a shot, of which a shot paper was stored;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The period of suspension of execution for the defendant for the reason of sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order (the defendant shall be sentenced to one and half years of imprisonment and two years of suspended execution for a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, an injury, etc.) in the Jeonju District Court and the Eup/Myeon branch court on January 2

6. 10. The Defendant committed the instant crime while the judgment became final and conclusive, and the fact that the Defendant did not reach an agreement with the victim is disadvantageous to the Defendant, and the Defendant committed the instant crime against the victim.

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