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(영문) 울산지방법원 2020.08.14 2020고정38
재물손괴
Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. Damage to Defendant A’s property;

A. On March 23, 2019, at around 12:22, the Defendant: (a) damaged the victim C’s tree trees owned by the victim C, fluoring into ditches in the D B B B B, Ulsan-gun, Ulsan-gun, by using the cell section; and (b) destroyed and damaged the undeveloped property in the market.

B. On March 23, 2019, at around 13:03, the Defendant destroyed the unclaimed property at the market price by making approximately three gate lines connected to the fences and mersh fences installed in ditches by the injured party C to the D B, Ulsan-gun, Ulsan-gun, U.S., Ulsan-gun, the Defendant destroyed the following: (a) approximately three gate lines connected to the fences and mershs and mersh fences; and (b) the fences and dus and dusp fences connected to the dus and dusp fences.

2. On March 23, 2019, at around 16:09, the Defendant damaged an unregistered property at the market on the ground that the victim C illegally installed in the D B B B B B’s land in Ulsan-gun, Ulsan-gun, U.S., U.S., on the ground that he did not go beyond the expectation of the victim E (five years of age, south).

(F) The gist of the evidence in the facts charged is to correct the place where the Defendant destroyed and damaged and there is no hindrance to the Defendant’s exercise of his/her right to defense. As such, the part regarding “F” in the facts charged is modified to “D infers.

1. Defendants’ partial statement

1. Statement to C by the police;

1. The application of Acts and subordinate statutes to the investigation report (as to the specific area of damage), the investigation report (as to the tree status where the suspect has well damaged Gemanium), the investigation report (as to the suspect's penture at the time of damage) (as to

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and subparagraph A of the option of punishment: Defendant B Article 366 of the Criminal Act;

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act:

1. Dismissal of an application for compensation order, and promotion of litigation;

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