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(영문) 광주지방법원 2020.03.19 2019고정1183
특수재물손괴
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. At around 21:50 on September 28, 2019, the Defendant: (a) laid the front door door door door, the victim’s ownership, by hand, putting the victim’s front door door door door door, which was located in the facility, in front of the Diale-gun B operated by the victim C on September 28, 2019, on the ground that the victim told him/her that he/she could not live. On the other hand, at the Diale-gun operated by the victim C, he/she broken the front glass door, which is a dangerous object on the road side (a) around 03:37 on the following day, the Defendant sawed a stone (a 19cm, 15cm in length, 15cm in length), the front glass door, the victim’s possession of dangerous objects on the back part of the facility, and broken up two windows of the back door door door door, the victim’s wind door, and the after door door door door door door.

2. The Defendant, at around 06:35 on October 1, 2019, at the same place as Paragraph (1) at around 06:35, 2019, laid a stone, which is a dangerous object on the road, and cut down the glass door owned by the victim.

3. On October 4, 2019, the Defendant: (a) at the same place as Paragraph (1) on October 4, 2019; (b) left a stone, which is a dangerous object on the road, in order to clean up his/her shoulder glass; and (c) caused the defects in the victim’s reinforcement glass.

Accordingly, the defendant carried dangerous articles and damaged the victim's property amounting to KRW 1,154,200.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. Statement of the police statement regarding C;

1. Written estimate of damage;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Articles 369 (1) and 366 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order reaches three times, and the number of criminal offenses in this case reaches three times, and the defendant has been guilty of violence, but the defendant pays damages to the victim.

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