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(영문) 광주지방법원 목포지원 2014.08.29 2014고단640
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, a person who operated the “Del” in Mapo City, was unable to operate the said telecom, and the auction procedure is in progress on June 3, 2013, and the victim E received a successful bid on June 3, 2013, and there is a dispute over the director’s expenses, etc., and when the supply of electricity and gas was discontinued and the business of operating the said telecom, the Defendant was willing to damage the facilities, etc. of the said telecom.

On December 2, 2013, the Defendant entered each of the 35 guest rooms of the above 35 premises of the above Moel, a building with a view to dangerous objects at the above 7th floor, and destroyed the toilets, screen rooms, and changeers, etc. located therein, cut off electric power distribution boards installed on the floor of the guest room, cut off the boilers, telecommunication lines, electric power distribution lines installed on the wall of the first floor and the second floor, cut off the steel rail installed on the stairs of the first floor and the second floor, and removed them by hand and sprink, and destroyed the elevator operation board installed in the above Moel with a tool with no knowledge.

As a result, the Defendant destroyed the above goods owned by the victim to cover repair costs of KRW 31,919,50, 22,235,290, repairing costs for telecommunications lines, etc., of KRW 38,746,533, elevator repair costs of KRW 8,098,739, and heating costs of KRW 46,20,00,000, in total, of repair costs for boiler distribution lines, including heating costs of KRW 46,20,00,00.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police statement of E;

1. A detailed statement of calculation of the amount of damage compensation, a written estimate, a certificate of confirmation of one transaction from the F, and a copy of a bankbook, and one copy of a e-mail and one bankbook;

1. A certified copy of register;

1. Application of each relevant photograph, each elevator photograph, CD-related statute;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 366 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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