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(영문) 대구지방법원 상주지원 2013.09.24 2013고정81
재물손괴
Text

Defendant shall be punished by a fine not exceeding seven hundred thousand won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 23, 2013, at around 22:00, the Defendant damaged the 89,100 won of clothes collection at the market price of the victim who was permanently located at the time of the settlement of the C Community Center at around the C Community Center located in B, for the reason that the residents of Pyeongtaek village are fluoring the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Records and lists of police seizure;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning criminal facts, Article 366 of the Criminal Act of the choice of a sentence, the selection of a fine [the elements for the establishment of the crime of destroying and damaging property under Article 366 of the Criminal Act, which practically impairs the utility of property, are not only to make the goods not in conformity with the original purpose of use due to an appraisal, but also to make them in an unuseable state, thereby undermining its utility (see, e.g., Supreme Court Decision 71Do1576, Nov. 23, 1971). Thus, the defendant's act stated in criminal facts constitutes a crime that undermines the utility of Hun-Ga collection box made of metal]

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

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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