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(영문) 대구지방법원 2016.08.12 2016고합150
재물손괴등
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

1. On January 23, 2016, the Defendant damaged the lower end of the entrance door of the departure site operated by the victim E (V, 59 years old) located in Daegu-gu, Daegu-gu, about 23:51 on January 23, 2016 to KRW 195,000 for repair costs.

2. Around January 23, 2016, the Defendant infringed upon a residence, and the Defendant destroyed the entrance door of the said gate, which was used by the victimized person as a residence, through the open door, as prescribed in paragraph (1) of the same Article.

The defendant shall be discarded off to the victim by "Chewing strings".

Malier Ma

“Intimidating the victim, the victim was tightly pushed down on the part of the victim, was laid down on the part of the victim’s body, and then the victim was strokeed with the victim’s body, and then the victim was strokeed with the victim’s stroke, which requires approximately 2 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each photograph;

1. A medical certificate;

1. Application of the written estimate statutes;

1. Article 366 of the Criminal Act, Article 319 of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the heavier punishment);

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Determination as to whether the crime of injury was established

A. The Defendant and his defense counsel’s assertion appears to be a witness in light of the victim’s age, occupation, etc. in light of the victim’s age, occupation, etc., and thus, it did not cause any particular hindrance to daily life. Therefore, it cannot be deemed as an injury to the crime of injury.

B. The injury of the relevant legal doctrine refers to the injury of the victim’s physical integrity or interference with physiological functions. It is accompanied by assault.

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