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(영문) 의정부지방법원 고양지원 2017.10.12 2017고정287
재물손괴
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 22, 2016, the Defendant had been in front of the house in which C, located in Gyeyang-gu B, Hongyang-gu, Seoul around 09:30 on September 22, 2016

At the risk of the victim's name and non-brue owned by C, it is well-known by using the improvement.

Accordingly, the defendant damaged the property owned by the victim whose market price is unknown.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C;

1. A protocol concerning the examination of the police officers of the accused;

1. On-site photographs, suspect submission photographs [it is difficult to see that the landowner has consented to the defendant's act as a matter of course in light of the criminal history, process, means and method of the defendant's act, circumstances before and after the crime, etc., which can be revealed by the above evidence, and the defendant's act cannot be deemed reasonable, and urgency and supplement cannot be acknowledged. Thus, illegality cannot be viewed as a legitimate act under Article 20 of the Criminal Act.]

Application of Statutes

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Penalty fine of 200,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (i.e., the primary offender, and considering the motive, circumstance, etc. of the defendant);

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