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(영문) 의정부지방법원 2018.07.11 2017고정2517
재물손괴
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

around 13:00 on February 12, 2017, the Defendant discovered a banner containing the phrase “A” installed by the victim C in front of the Seocho-si apartment site located in Namyang-si, Nam-do, 564, and caused the Plaintiff to remove the banner on his/her name, and damaged a banner of part of the banner on his/her hand at the market price equivalent to 300,000 won owned by the victim.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. The legal statement of the witness C;

1. Videos submitted by the complainant, and videos submitted by the person under whose control the victim:

1. Application of Acts and subordinate statutes to confirm the market price of on-site banners and banners (the defendant and his/her defense counsel denies the intention of damaging property, but according to the consistent statement of the witness C and the fact that the defendant has damaged the victim's banner as stated in the judgment of the court below, it is sufficiently recognized that the defendant has damaged the victim's banner as stated

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. Penalty fine of 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. Determination as to the assertion of the defendant and his defense counsel under Article 59(1) of the Criminal Code of the Suspension of Sentence (the defendant has been punished once as a fine in the past, but has no previous conviction or more than a suspended sentence, the defendant tried to remove only his name on the banner. The damage of the banner in this case was done in the situation where the police was reported at the scene of the demonstration by the victim, etc., and its illegality and danger were not realized. There was a dispute as to whether it was legitimate without obtaining permission from the apartment management office in relation to the installation of the banner in this case. The market price of banner in this case is not more than 30,000 won and the degree of damage was not significant) of the Criminal Code.

1. The summary of the argument is that the defendant.

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