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(영문) 서울서부지방법원 2021.02.16 2020고단3069
특수재물손괴등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant and the victim B(23) are the relationship between the two parties.

1. On June 15, 2020, the Defendant who damaged special property collects money borrowed from the victim on June 15, 202.

At around 19:07 on the same day, when the victim unilaterally cut off the phone, he finds it by Eunpyeong-gu Seoul, C, and D, an office located at the victim's residence, the office, and when he finds one location in the upper end of the small air conditioners owned by the victim and one location in TV monitors, which are dangerous objects prepared in advance (not less than 30cm in total), then he damages the unrepair of each repair cost. After the same day, at around 19:20 on the same day, he damages the e E-mail car, which is owned by the victim and was parked in front of the residence of the above victim, and then after the driver glass was cut off to a dangerous object (not less than 30cm in total length) which was located in front of the above D heading.

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

2. Special assault Defendant committed an act of damaging small air conditioners, such as the time and time as described in the preceding paragraph, within the said D, and assaulted the victim at one time at Dogri (30 cm in total length), which is a dangerous object for the reason that the victim saw it to go to the Defendant, on the ground that the victim saw it to go to the Defendant.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. The protocol concerning the examination of suspect B to the defendant's legal statement;

1. Application of existing Acts and subordinate statutes of subparagraph 1 of the No. 1 of the Investigation Report (F phone call) No. 1;

1. Relevant legal provisions of the Criminal Act, Articles 369(1), 366 of the Criminal Act (a point of special destruction), Articles 261, 260(1) (a) (a point of special assault) of the Criminal Act, and the selection of fines for the crime;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.

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