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(영문) 청주지방법원 제천지원 2017.02.09 2016고정117
재물손괴등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant has conflict between the victim C(n, 57 years old) and the wife by de facto marriage, and the victim has not repaid the money to the defendant.

1. On September 2, 2016, the Defendant damaged property and infringed upon the victim’s residence by: (a) 403 Do 606 Do 606 Do 1, the victim’s residence, the residence of the victim in YD, on the ground that the victim did not have any desire and contact with him/her without having repaid his/her money; (b) he/she removed the entrance locking system using the entrance keys that he/she had opened from the victim before the towing; and (c) forced him/her to f0,000 won of repair costs, such as forcing him/her to take off and damage the locking system by hand; and (d) intrudes on the victim’s residence, such as entering the entrance up to the entrance against the victim’s will.

2. The Defendant: (a) expressed the victim’s desire to see, at the time, at the time, at the place, as described in paragraph 1; and (b) expressed the victim’s desire to see, “Is this weather year; Is this year; Is this year; and (c) assaulted the victim’s part of the victim’s neck by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of the witness C and F;

1. On-site reports, internal investigation reports, investigation reports (specific, etc. of the amount of damage inflicted on property);

1. A copy of the confirmation of the contract;

1. Application of the written estimate statutes;

1. Relevant Article 366 of the Criminal Act, the choice of punishment against the crime, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act (the point of intrusion upon residence), Article 260 (1) of the Criminal Act, and the choice of fines, respectively;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment as prescribed for the crime of destroying property with the largest punishment);

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

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

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