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(영문) 창원지방법원 통영지원 2018.01.23 2017고단1443

재물손괴등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 16, 2016, the Defendant engaged in gas supply business with the trade name of C, and entered into a gas supply contract with the representative of the occupant of the D Building at macro-si, and E is an enterprise that supplied gas before the above contract was entered into, and F is the representative of the above E.

1. On December 29, 2016, from around 10:00 to around 10:30, the Defendant: (a) removed iron fences installed to ensure the safety of gas tank facilities and gas facilities owned by the victim F, which are previous gas supplier D, installed in 10:30 macro-si; and (b) removed iron fences without permission.

Accordingly, the defendant damaged the property owned by the victim of the market value of 4.8 million won.

2. The Defendant: (a) removed, without permission, a gas tank facility owned by the victim, at the same time, at the same place as described in paragraph 1; and (b) even if the gas supply contract period concluded between the victim and the occupant of D building does not terminate.

Accordingly, the Defendant interfered with the gas supply of the damaged person by force.

3. On December 29, 2016, at the same place as indicated in paragraph 1, around 2012:10 on December 29, 2016, the Defendant: (a) the victim resisted to remove gas supply facilities without permission; and (b) demanded restoration from the original state; and (c) “I would like to do so, I would like to go to the occupants and talk with them; and (d) I would like to use growings.

It is a fluoring and fluoring fluor of a quid pro quo.

뭐 이 씨 발 놈 아, 개새끼 대가리 빠아 뿔라, 내가 눈 하나 깜짝 할 것 같나,

These days, however, there were many times of entry, and there is no injury, and there is no damage, and there is no situation that makes it difficult to do so, thereby threatening the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of G;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes reporting each investigation report, on-site photographs, and investigation results;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime (the point of destruction of property), Article 314(1) of the Criminal Act (the point of interference with business), Article 283(1) of the Criminal Act (the point of intimidation) and Article 283(1) of the Criminal Act, respectively.