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(영문) 의정부지방법원 2017.05.17 2016고단3034

재물은닉등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 24, 2014, the Defendant was sentenced to six months of imprisonment for special larceny at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on February 3, 2014.

The Defendant attempted to take over the “E” health care operated by the victim D, but at the time of childbirth, had the victim interfered with the victim’s business to re-purchase the above insignia at low prices.

1. On January 2016, the Defendant concealed the victim’s property by reporting the standing signboards installed by the victim in front of the said “E” health clubs located on the second floor of the F building in Namyang-si, Namyang-si, and by causing the victim to have it difficult for the victim to detect the standing signboards, the market price of which is equivalent to 150,000 won.

2. On March 24, 2016, at around 01:10, the Defendant damaged property by opening a bulletin board of 30,000 won in the market price owned by the victim who advertised the above “E” health clubs attached to the wall around the first floor elevator of the above F building.

3. Intrusion upon a structure;

A. On March 24, 2016, at around 01:10, the Defendant: (a) damaged the “E” health club advertising bulletin board installed by the victim as described in paragraph (2) at the above F Building building; and (b) invaded the victim’s health club entrance into the said building for the purpose of viewing the uris around the said health club.

B. On March 25, 2016, at around 01:10, the Defendant: (a) entered the said building with a view to viewing the uriines before the said “E” health clubs; and (b) intruded the victim’s health clubs in front of the entrance.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Health clubs, corridorss and photographs, and CCTV photographs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (verification of criminal records of the same kind as the suspect), investigation report (prior convictions of suspects and repeated crimes), and statutes;

1. The relevant Article of the Criminal Act concerning the crime;

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