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(영문) 서울동부지방법원 2019.07.19 2019고단1000
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person who has been in a relationship with the victim B (n, 39 years of age) and until February 2018.

1. On February 28, 2018, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc.: (a) liquidated a personal relationship with the victim at a place where the location is unknown; and (b) sent a text message using a mobile phone to the victim, on the grounds that the victim was not informed of his/her personal contact; (c) from that time, the Defendant sent the text message to the victim on 35 occasions, as described in the list of crimes in the attached Form by the aforesaid method until January 26, 2019; and (d) repeatedly sent the text message to the other party that arouses fear or apprehension.

2. On April 25, 2018, the Defendant committed assault to the victim, such as, in order to recover re-related relations with the victim at the parking lot of the Olympic swimming pool located in Songpa-gu Seoul Olympic Games, Songpa-gu, Seoul, the Defendant: (a) was waiting for the victim before the victim’s workplace; (b) was waiting for the victim to grow up the victim’s hand with close close to the victim; and (c) the victim got out of the place and prevented the victim from facing the defect.

3. Around 22:00 on January 6, 2019, the Defendant damaged the damage to property by smelling benz’s side part of the passenger car, which was parked at the victim’s parking lot in Songpa-gu Seoul, Songpa-gu, Seoul, to the repair cost of the amount that could not be known by smelling the benz’s defect by using the flag tool.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police station and each prosecutor's office protocol concerning B;

1. Photographss, destructive photographs of a motor vehicle, and photographs by cutting down a text message;

1. CCTV image (Evidence Nos. 8) and CCTV image data (Evidence No. 14) in the field of the incident;

1. In relation to the crime of destroying and damaging property as stated in paragraph (3) of the crime committed in the judgment of the defendant and his defense counsel, the date specified in paragraph (3) of the crime committed in the judgment.

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