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(영문) 대구지방법원 상주지원 2018.09.18 2018고정47
특수재물손괴등
Text

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

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

Reasons

Punishment of the crime

[The relationship between the defendant and the victim] The defendant has been married with the victim C (in South, 75 years old) and his/her husband, but the victim was dissatisfied with the marriage life due to his/her disregarding of himself/herself.

[Specific criminal facts] : 2018 Go fixed 47

1. On January 13, 2018, the Defendant assaulted the victim’s body to take a bicycle on his/her hand during a conversation to liquidate a marriage life with the victim on the front road located D at the time of stay at around 13:30 on January 13, 2018.

2. On January 14, 2018, at around 14:00, the Defendant damaged a special property, using a height, which is a dangerous object for the same reason, at the Defendant’s residence located in the same place as that indicated in paragraph 1, one copy of a photograph from which the market price of the Defendant and the victim’s joint ownership is unknown.

The defendant, carrying dangerous objects, thereby damaging property.

. 2018 fixed 56

3. Around 13:00 on January 14, 2018, the Defendant: (a) destroyed a liquid who is a dangerous object, by carrying a kitchen knife, on the ground that he was living together with the victim C at the third floor living room of the Defendant’s residential building located D at the time of his stay; and (b) destroyed a kitchen knife in which the market price cannot be known; and (c) destroyed a flife in the wild boar and swine picture owned by the victim

Summary of Evidence

d.2018 fixed 47

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Each police statement with respect to C and F;

1. Each investigation report (No. 7,17 No. 17)

1. Submission of photographs to expand the damage to the property related to the case; and 56 Maz. 2018

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Each police statement with respect to C and F;

1. Each investigation report (No. 24, 34, 36 No. 136);

1. Application of the statutes governing submission of photographs to expand damage to property related to the case

1. Relevant provisions of the Criminal Act and Articles 369(1), 366 of the Criminal Act for the crime, the choice of punishment, and Articles 260(1) of the Criminal Act for the crime (the point of assault and the choice of fines);

1. The aggravated Criminal Act for concurrent crimes.

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