(영문) 인천지방법원 2020.09.17 2020고정1387

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(영문) 인천지방법원 2020.09.17 2020고정1387

폭력행위등처벌에관한법률위반(공동재물손괴등)

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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

The defendant, along with B (Suspension of Indictment on the same day), conspired to remove the existing correction devices of the entrance doors of the office of the victim D management association, which is the president of the C apartment reconstruction association, and replace them with a new correction device.

On November 20, 2019, the Defendant: (a) around 10:40 on November 20, 2019, around the C Apartment Reconstruction Association’s office, which is managed by the victim D in Yeonsu-gu Incheon Metropolitan City, stored in the hallway to open the entrance door of the C Apartment Reconstruction Association’s office; (b) stored in the hallway toilet, and opened the gate between the association’s office and the cresh; and (c) continuously filled in the cresh of the above cleaning container and filled in it between the cresh; and (d) the Defendant destroyed the property equivalent to KRW 580,000,000,000 in the market price, such as one corrective device equivalent to KRW 60,000,000 in the market price, and one entrance of the 500,000,000,000 won in the market price.

Accordingly, the defendant jointly destroyed the victim's property in conjunction with B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to photograph CCTVs established in a complaint site;

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 366 of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: A fine not exceeding 10.5 million won;

2. The sentencing criteria are not applicable as the scope of a fine according to the sentencing criteria has been selected;

3. The circumstances favorable to the defendant are recognized, such as the confession of the crime of this case and the fact that the defendant has no record of the crime exceeding the fine, etc.

However, the crime of this case is committed in collaboration with the defendant B, and the market price of the victim is 580,000 won.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제1호

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