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(영문) 인천지방법원 부천지원 2016.06.10 2016고단243
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

The defendant has been aware of the victim C (36 years of age, women) and one year prior to the defendant's appearance;

1. In Bupyeong-gu Incheon Metropolitan Government around 17:00 on August 12, 2015, the victim assaultss the victim by means of gathering the wind apparatus, which was in a way to fluorize the fluor to himself/herself, leading the victim to the threat of the victim, while taking meals together with the above victim, by damaging the wind apparatus that was laid down by the damaged person;

2. From 11:00 on October 7, 2015, the Defendant and the victim demanded “accomponing agreement” to the victim with respect to a separate assault case that occurred on September 26, 2015, but assaulted the victim by taking the victim’s hand so that the victim may not have any defect in refusing it and moving his/her job, leading the victim to a distance of about five meters.

3. On October 10, 2015, around 04:30, 2015, the Plaintiff destroyed property equivalent to KRW 150,000 for the network replacement cost, such as, under the influence of alcohol, frighting to the windows on the second floor of the house at which the victim’s residence is located, and making a hole in the mound network installed outside the windows.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against C;

1. Application of the written estimate statutes;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence, the selection of fines) concerning the facts constituting an offense, and Article 366 of the Criminal Act (the point of destruction and the selection of fines);

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the Defendant recognized the facts charged; (b) the favorable sentencing factors, such as the fact that the victim did not incur injury due to the instant crime; and (c) the victim was punished; (d) the Defendant committed a violation of the Punishment of Violences, etc. Act (joint conflict) and the crime of destroying property.

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