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(영문) 수원지방법원 2017.05.17 2017고정772
재물손괴
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

On September 25, 2016, the Defendant damaged the locks owned by the Victim C by means of strong contact with the number of lock-type locking and lock-type locking door-type locking machines, and then damaged the property of the Victim by October 20, 2016, from around 20:03 to around 19:28, the Defendant, at the entrance of the teice 102 B apartment unit, for the reason that the teice members caused noise by the teiceing of the teice and causing noise.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes to each investigation report (CCTV investigation and damage keys);

1. Relevant Article of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The defendant's assertion as to the defendant's assertion under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is not accepted since members of the Nice club suffered substantial damage to the residents of the Republic of Korea by causing problems such as drinking, smoking, noise, etc. in the test area, and each crime was committed in order to prevent this, which constitutes a justifiable act under Article 20 of the Criminal Act. However, considering the contents and methods of each of the above crimes, it is difficult to view it as a justifiable act that does not violate the social rules.

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