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(영문) 청주지방법원 2014.05.22 2014고단57

재물손괴

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At the end of July 2013, the Defendant lost the value of the goods due to the change of the above Got on the ground that noise has occurred from the air conditioning equipment installed in the said low temperature warehouse, which is located in a low temperature storage where approximately KRW 31,445,00 (the reported price by the victim) of the victim D’s market price owned by the Hatbuk-gun C, Chungcheongnam-gun, 201, on the ground that the noise has occurred from the air conditioning equipment installed in the said low temperature warehouse, thereby preventing the said outdoor equipment from being overheated into a sandd position panel, thereby hindering the operation of the said air conditioning.

Accordingly, the defendant has harmed the utility of property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Entry of the accused in part of the suspect examination protocol of the prosecution against the accused, and oral statements D;

1. A protocol of partial police interrogation of the accused;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes of quotations, photographs, and investigation reports (No. 7 No. 5 of the evidence list); and

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

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

1. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The following circumstances, which are acknowledged by the evidence revealed earlier as to the causal link between the act of blocking the outdoor machine to the panel and the occurrence of damage, namely, the temperature increase within a short time, and the operation of the outdoor machine may be suspended depending on the circumstances (i.e., the investigation record 31 pages). The optimal temperature of the low temperature warehouse in which the estringstrings are kept is zero 20 cm. Since the establishment of the Defendant’s panel, the temperature increased to 3°C. After the Defendant’s panel, the strings (the witness D’s legal statement). The Defendant installed a string at a level of about 10% away from the front part panel, but the Defendant installed the outer machine to a level of about 10cm. However, the same applies to the Defendant’s failure to prevent the front part having the air flow, as long as it interferes with the string and maintenance function of the outdoor machine.