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(영문) 부산지방법원 2014.09.02 2014고정2378
재물손괴등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[2014 High Court Decision 2378]

1. Around 02:00 on November 23, 2013, the Defendant assaulted the victim’s head three times on the ground that the Defendant demanded the victim C (here, f1) located in Busan-gu, Busan-do to pay the money that the victim transferred within the “D cafeteria” operated by the victim C (here, 61).

2. The Defendant, at the time and place stated in the above Paragraph (1) above, destroyed the damaged property in the market by gathering an empty small and medium-sized cattle disease on which the Defendant had fledd, and by cutting the dried glass of the Victim’s possession, putting the hot spring cryp to drinking water, and cutting the cold cryp to the Defendant’s possession.

[2014 High Court Decision 2503]

3. At around 04:30 of the date stated in the above Paragraph (1) above, the Defendant: (a) expressed the victim’s desire to pay the money borrowed by the victim in his residence; (b) and (c) destroyed the victim’s interest in the instant Section (1) by shouldering the fire part of the fire that was in his/her place, which was collected in his/her front door, with the victim’s desire to pay the money borrowed; and (c) thereby damaging the victim’s market value.

Summary of Evidence

【Facts 1 and 2 at the Time of Sales】

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation reports (Attachment of photographs of destruction and damage), investigation reports (influence of the market price of damaged goods), investigation reports (influence of the victim C’s statement and hearing of the victim’s statements) (the fact of Article 3

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (Attachment, etc. of On-the-spot photographs);

1. Application of statutes on site photographs;

1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act, the selection of each fine for the crime;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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