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(영문) 대전지방법원 서산지원 2016.08.12 2016고정23
특수재물손괴등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. The defendant who damaged a special property is in a her husband D with the victim C (A woman, 49 years old).

At around 01:30 on August 30, 2015, it was doubtful that D's car was parked at the victim's house located in Chungcheongnamnam E, and it was found that D's car was parked at that place, and it was demanded to open the door to the victim by taking the first race in the above house gate, and opening the door to the victim.

During that process, the Defendant heard the victim and D’s voice in the house, and changed to the door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, which is a dangerous object that the victim did not open door door door, and broken down the victim’s repair cost amounting to 3.2.8 million won.

In this respect, the defendant damaged the victim's property by the decline, which is a dangerous thing.

2. Violation of the Punishment of Violences, etc. Act (joint residence intrusion) finds out that D’s car was parked at the time and place of entry, and finds out that D’s car was parked in the Defendant’s father G (34 years old), Defendant’s fraud H (36 years old) by posting a phone to the Defendant’s wife G (34 years old) and the Defendant’s fraud H (36 years old), and entered D’s house as described in paragraph 1, with G and H by reporting the Defendant who was going to h’s door, etc. as described in paragraph 1.

Accordingly, the defendant invadedd the victim's residence jointly with G and H.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to H, G, or F;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs, reports on the amount of damage, etc.;

1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, and selection of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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