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(영문) 창원지방법원 통영지원 2017.07.21 2017고정196
재물손괴등
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On September 13, 2016, the Defendant was sentenced to four years of imprisonment for the crime of rape in the Changwon District Court’s jurisdiction, etc., and the judgment became final and conclusive on March 10, 2017.

[Criminal facts] The defendant is a space between the drinking house where the victim C (V, 26 years of age) takes the drinking house as a guest and the defendant knows.

1. From September 12, 2015 to around 03:00 on September 12, 2015, the Defendant: (a) from around 03:00 on September 12, 2015, ever 04:00 on the same day, while drinking alcohol, such as one person who is the victim and one person who is the victim, she went out of the house; (b) the victim went out of the house as the son; and (c) the victim went out of the house; and (d) made a dispute, and (d) the Defendant went out by getting out of the house of the ward in the city on the ground that the cause of the dispute occurred; and (d) the Defendant turned out two head of a glass door

Accordingly, the defendant damaged the victim's property and harmed its utility.

2. On October 18, 2015, around October 18, 2015, the Defendant found the victim’s house in order to capture the victim at the victim’s residence, and opened the door door in the corridor outside the entrance, but opened the door door, which is worth KRW 50,00,00 in the market value on the ground that it did not open the door. On October 18, 2015, the Defendant continued to remove the digital macker equivalent to KRW 120,00 in the market value.

Accordingly, the defendant damaged the property owned by the victim and harmed its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. The first statement made to C by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (attached to photographs and estimates of damage to property submitted by the complainant);

1. Relevant Article of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is the victim C (V, 26 years of age).

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