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(영문) 인천지방법원 2018.06.07 2017고정2683

재물손괴

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the owner of land E in Incheon Jinjin-gun.

On June 4, 2017, around 09:00, the Defendant destroyed and damaged a road installed by the victim by employing an article of 174 square meters on the ground that a concrete road of 174 square meters, which is possessed by the victim F, is a road installed with a written consent for land use null and void.

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. A protocol concerning the examination of the suspect of each part of the police against the defendant or I;

1. Application of Acts and subordinate statutes to dispose of on-site photographs, a detailed statement of payment, government certificates registered matters (E), each road (E), copies of certificates of seal impressions, (A), passes on and off the use of a road (land) or a flacing on the use of land, each content certificate (Evidence No. 106, 107 pages), each content certificate (Evidence Records No. 106, 107 pages), and a written application for disposition of traffic obstruction price (2017Kahap 104);

1. Relevant Article 323 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged is that the Defendant destroyed a road installed by the victim on the ground that it is a land owner in Incheon Cheongjin-gun, Incheon, and a concrete road of 174 square meters which was installed by the victim F in Incheon Cheongjin-gun E around 09:00 on June 4, 2017, on the ground that it is a road constructed with a written consent to use invalid land, and that it is a road installed by the victim F, thereby destroying the above concrete road.

2. Where the article attached to the judgment real estate loses the object of an independent right in transaction because it is virtually impossible to separate it from the real estate, and becomes a constituent part of the real estate which constitutes a whole real estate from the real estate, the ownership of the article belongs to the owner of the real estate even if the article complies with the other person's title (see Supreme Court Decision 84DaDa2428, Dec. 24, 1985, etc.). According to the record, the land of Incheon Spoman-gun, Incheon where the concrete road of this case is constructed is owned by the defendant, and the concrete road