(영문) 창원지방법원 통영지원 2019.10.31 2019고단1081

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(영문) 창원지방법원 통영지원 2019.10.31 2019고단1081

재물손괴

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant and the victim B (n, 48 years of age) have developed from July 2019 to live together with the victim's house.

At around 20:30 on September 16, 2019, the Defendant reported that the victim is drinking the mixed person's alcohol, while it was not good for the victim to have a dispute with the money problem with the victim. On September 20, 2019, the Defendant d's house of the Victim C building and D's house of the Victim.

The Defendant reported to 112, “at the time of the victim” and “the Defendant reported to 112.” After dividing the police officer’s conversation from the first floor of the building into the house and the conversation, the current seat number has been changed, but the victim has been sealed in the house.

Although the defendant was divided into the portrait, the victim would not open the door, and she would drink the alcoholic beverage at around 02:30 on September 17, 2019 after drinking the alcoholic beverage, but still change the password, and even if the first race is divided, the victim would not open the door, and then enter the house through the benda window of the above subparagraph D, and cut off by getting the string of the wind line owned by the victim, and walked with the string of the wind line.

Accordingly, the defendant damaged the reputation and contact of the non-merchants in the market area owned by the victim, thereby impairing its utility.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Photographs related to the case;

1. 112 Reporting case handling table, etc.; and

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 366 of the Criminal Act concerning the crime, the choice of punishment, and the choice of fines;

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

1. The criminal liability for the instant crime, which caused damage to the property owned by the victim during the dispute with the victim, is not minor, in light of the substantial history of the criminal sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order.

Provided, That the value of the damaged property shall be the same.

참조조문

유사 판례

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