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(영문) 전주지방법원 남원지원 2015.11.17 2015고정41

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

On January 3, 2014, the Defendant entered into a contract with the victim D, the representative of C corporation, for the establishment of a retirement bridge amounting to KRW 90,000,000,000 for total construction cost, and agreed to carry out construction by dividing the first and the second and the second construction (price 5,00,000,000). On February 5, 2014, the Defendant completed the first construction and received the first construction payment under the said agreement.

However, as the defendant was unable to receive the second construction payment due to the circumstances of the victim, the defendant was in conflict with the victim due to the payment of the second construction payment.

On November 2, 2014, at around 18:08, the Defendant invadedd the factory of the said C corporation, which is a structure, through the factory entrance of the said C corporation located in Namwon-si, Namwon-si, and damaged the lid of the above control tower in order to warn the victim that if the victim does not pay the penalty, the Defendant may recover the main chips of the air-conditioning chips installed by the Defendant without paying the penalty. In order to warn the victim, the Defendant forced the use of the air chips posted at the same time, and then, then re-expted the above air chips posted at the same time, thereby damaging the repair cost to cover approximately two million won (hereinafter referred to as “instant air conditioning chip”).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Examination protocol of the accused by the prosecution (including the DNA statement section);

1. Statement made to D by the police;

1. A complaint;

1. Photographs chips;

1. Application of Acts and subordinate statutes to investigation reports (for the G Company H directors), investigation reports (for the high-speed contact groups and repair enterprises), and investigation reports;

1. Relevant Article 319 (1) of the Criminal Act and Article 366 of the Criminal Act (amended by Act No. 1006, Dec. 1, 200) (amended by Act No. 3106, Jan. 2, 2

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for the crime of causing property damage heavier than punishment);

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