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(영문) 대구지방법원 2015.09.04 2015고정1626
재물손괴등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A victim B(53 years old) found a person operating a restaurant to have his/her namelight (C) who has not repaid the credit value to him/her, with the knowledge that he/she is in a nearby ‘D cafeteria', to demand the repayment of credit value.

Around 16:45 on February 25, 2015, the Defendant: (a) taken a cell phone with the victim’s mobile phone owned by the victim, stating that “the victim was unable to pay the amount of credit on the part of his/her name, and asked him/her to pay the amount of credit on the part of his/her name,” and that “the victim did not pay the amount of credit on the part of his/her name, and he/she did not comply with it; (b) taken a cell phone with the victim’s mobile phone; (c) on the part of the victim, he/she sawd him/herself to the victim; (d) the bee amounting to KRW 579,000 of the market value, which the victim used on his/her hand, was deducted from the cell floor; and (d) taken a cell phone with his/her son’s flab, and went beyond the floor by breaking the victim’s flab.

As a result, the defendant damaged the property owned by the victim, and suffered injury to the victim such as the left-hand stuff, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each police statement concerning B and G;

1. Investigation report (related to the investigation of the shootings);

1. A written diagnosis of injury;

1. A mobile phone entry statement;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant Article 366 of the Criminal Act and Article 257 (1) of the Criminal Act (the point of causing bodily injury and the choice of fines) concerning 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;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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