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(영문) 광주지방법원 순천지원 2018.04.23 2017고정607

재물손괴등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who resides in C at the time of remaining leisure, and the victim D is an owner of a house in E, which is a structure that does not live in person, as a side of the defendant.

1. On July 2016, the Defendant committed a crime with heavy number of trees located in the said victim’s house, resulting in inconvenience to the Defendant’s house roof, etc., leading the Defendant to enter the victim’s house.

Around July 2016, the Defendant entered the victim’s house in front of the above victim’s house, and entered the victim’s house math, and then, the Defendant 1 glux, 1 glux, 1 glux, glux, glux, and glux 1 glux in the aggregate market value of the victim’s house.

Accordingly, the defendant invadedd the victim's structure and damaged the victim's property.

2. On January 18, 2017, the Defendant: (a) performed the construction of the roof of his house immediately after committing the crime set forth in paragraph (1); and (b) left the head of the board, which is the construction materials, within the victim’s house; and (c) took place in the victim’s house on January 16, 2017, without obtaining the victim’s consent, the Defendant left the victim’s house again without having the victim’s consent.

On January 18, 2017, the Defendant entered his house roof using a bridge on around January 18, 2017, and entered the victim's house fence beyond the victim's wall.

Accordingly, the defendant invadedd the victim's structure.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of each statute on photographs;

1. Relevant Article 366 of the Criminal Act, Article 319 of the Criminal Act, Article 319 of the Criminal Act, and the selection of fines for negligence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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