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(영문) 부산지방법원 2019.01.30 2018고단80
재물손괴등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a physician who has taught with the victim B (n, 51 years of age).

1. On July 2, 2017, the Defendant: (a) around 05:40 on July 2, 2017, the victim was living in front of the victim’s residence in Busan Seo-gu C apartment D; (b) the victim was not informed of his/her contact; and (c) the victim was said to have confirmed his/her mobile phone identity; (d) the victim was deprived of the victim’s gallus cellular phone amounting to KRW 1,155,000 in the market price of the victim’s hand; and (e) the victim got off the floor.

Accordingly, the defendant damaged the victim's property.

2. The Defendant got out of the victim’s proposal that he would move to another place immediately after the crime of intimidation and the damage of property was committed, and around 06:00 on July 2, 2017, the Defendant got out of the victim’s proposal that “I will not get out of the victim” while drinking alcohol at the “F cafeteria located in Busan Jin-gu, Busan, but I will not get out of the victim”, and at the same time, I got out of the victim, “I will not get out of the victim, and will not get out of the next real estate. I will not get out of the near future.” The Defendant continued to get out of the market price by cutting off the visibility of 1,358,000 won in the face of the victim’s hand.

Accordingly, the defendant threatened the victim and damaged the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning B;

1. A report on investigation;

1. Investigation report (attaching text messages submitted by children of the victim);

1. Application of Acts and subordinate statutes to a criminal investigation report (a written estimate and a written application for carbon);

1. Relevant Article 366 of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 283 of the Criminal Act, the selection 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;

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