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(영문) 수원지방법원 평택지원 2012.11.02 2011고정514

재물손괴

Text

Defendant shall be punished by a fine of eight hundred thousand won.

If the defendant fails to pay the above fine, 50,000 won shall be the first day.

Reasons

Punishment of the crime

The defendant of "2011 High 514" is a person who owns land on the boundary of the victim D(45 years of age) of Pyeongtaek-si C Service area.

At around 20:00 on June 3, 201, the Defendant removed a metal net of about 5 meters, on the ground that the steel net installed by the victim was falsely measured and the steel net was installed on his own land, after conducting a boundary survey at the above address.

As a result, the victim's property amounting to 500,000 won was damaged.

On June 11, 2011, the Defendant damaged the agricultural appliances of the victim stored in the wire-net of 200 meters in length by using the wire-net of 10 meters on June 18, 201, in order to use the agricultural appliances of the victim stored in the wire-net of 200 meters in length installed by the victim C.

As a result, the victim's property amounting to 500,000 won was damaged.

The victim D (the age of 46) who purchased the Defendant's residential area of 2012 high-scale 575 (the Defendant's residential area) requested the Korea Intellectual Property Corporation for a boundary relocation survey to remove the fences installed on the boundary surface due to the inconvenience in passage, installed at the entrance leading to the road to the residential area, and around May 20, 2012 at Pyeongtaek-si E around 10:00, the steel network installed by the said D was damaged by the market in the market.

Summary of Evidence

[2011 High Court Decision 514]

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement of D police statement;

1. Written estimate and photograph (201 piece of 617)

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement of D police statement;

1. Written estimate and photograph (2012, fixed575);

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 366 of the Criminal Act and Article 366 of the same Act concerning the crime;

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

1. Article 70 of the Criminal Act for Detention in Labor House;

1. Judgment on the assertion by the accused and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order