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(영문) 대전지방법원 서산지원 2019.05.02 2018고정278
재물손괴등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 18:40 on August 23, 2018, the Defendant found the victim C (here, 61 years of age)’s residence in Jinjin-si B, and took the victim’s bath, and assaulted the victim’s face and hand over once by drinking.

2. The Defendant damaged the property by means of destroying the utility of the goods equivalent to KRW 1,243,00 in the market price, such as smelling at the outside of the room and smelling at the outside of the room on the ground that the victim C, who was assaulted, i.e., the date and time stated in paragraph (1), and at the place specified in paragraph (1), i.e., the victim C, who was frightd to visit the room and was in the kitchen.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. Investigation report (videos submitted by the victim);

1. Investigation report (a written estimate and written diagnosis submitted by the injured party);

1. Investigation report (Confirmation of the victim mobile phone image) [The defendant and his defense counsel asserted that the defendant did not assault the victim and did not do any act identical to the facts of crime. However, according to the evidence mentioned above, it can be recognized that the defendant committed assault by taking the victim's face when the defendant was taken by handphones, and all the facts that the defendant damaged the victim's visit by destroying the victim's convenience because the victim's odor and fishery harbor was taken by handphones. Thus, the above argument by the defendant and his defense counsel is without merit) is applicable to the law.

1. Relevant Article 260(1) of the Criminal Act, Article 366 of the Criminal Act and Article 266 of the Criminal Act, the choice of fines for the crime;

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

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

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

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