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(영문) 서울남부지방법원 2014.11.27 2014고정2888
재물손괴
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 20, 2014, at around 01:40, the Defendant damaged the above reading center that is owned by the victim by the Defendant, on the ground that the Victim C, who is a branch located in Guro-gu Seoul Metropolitan Government B apartment 703, was living in front of the Victim C’s house, and that D was not opening a door, but as the victim was the victim’s person.

Summary of Evidence

1. Part of the witness C’s legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes governing the site and evidence photographs;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts to the effect that the house in which the victim resides is owned by the Defendant and that the house is owned by the Defendant, and that the house in which the victim resides is not subject to property damage and damage, but there is no evidence to deem that the house in which the victim resides is owned by the Defendant. In addition, even if the house is owned jointly by the Defendant and the victim, the entrance entrance reading center also constitutes another’s property subject to property damage and damage, the Defendant’s assertion is rejected.

The punishment shall be determined as per the disposition in consideration of all the circumstances, such as the fact that the victim does not want the punishment.

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