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(영문) 춘천지방법원 속초지원 2016.04.20 2015재고정1
재물손괴등
Text

A defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2015 Go fixed 33] On December 24, 2014, the Defendant: (a) 103 of E 103 operated by the victim D D of Young Si-si around the new wall time; (b) e.g., the Defendant, under the influence of alcohol, destroyed the wall of the above heading room in proportion to KRW 50,00,00, the market price of the victim owned by the victim, without any reason; and (c) 35,00,000, the repair cost was damaged.

Accordingly, the defendant damaged the victim's property.

[2015 Maga 179] On March 17, 2015, the Defendant: (a) around the house of the victim G (n, 57 years old), a woman living together (n, a woman living together) with the early early 22:40 on March 17, 2015, the Defendant diversed the victim’s inside glass 60,00 won at the market price owned by the victim by the Defendant, on the ground that he does not open a door to the victim, who dumping the alcohol at the nearby drinking house, and dump first dumped the victim, who dumped the alcohol at the nearby drinking house, did not open the door.

Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.

Summary of Evidence

[2015 fixed 33]

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. A report on internal investigation (verification of the fact of damage to the other party to the victim);

1. A report on investigation (amount damaged);

1. Relevant photographs (2015 Height 179);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. On-site photographs;

1. The application of investigative reports (related to the size of bricks) and the provisions of Acts and subordinate statutes governing brick size;

1. Relevant legal provisions concerning facts constituting an offense, and Article 366 of the Criminal Act that selects a punishment (selected of a fine pursuant to the principle of damage to property and prohibition of disadvantageous alteration), and Articles 369 (1) and 366 of the Criminal Act (the point of damage to special property and the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the Criminal Act concerning the punishment of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act (as to the penalty portion) of the Criminal Act (as to the penalty portion)

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do148, Apr. 1,

1. Article 334(1) of the Criminal Procedure Act (as to the penalty portion) of the Provisional Payment Order

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