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(영문) 대전지방법원 서산지원 2017.07.06 2017고정134

재물손괴

Text

1. The sentence against the accused shall be 700,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. From around 12:00 on March 21, 2017 to around 13:30, the Defendant sought to find out at the site of a new house construction work site located in Seocho-si B, and sought to demand the construction cost not received from the victim C, who is the constructor, and using red car in advance prepared on the wall surface of the building in the construction work, damaged construction materials worth KRW 1,500,000 at the market price owned by the victim, using the word “a criminal act of exploitation of street power.”

2. On March 24, 2017, at around 11:00, the Defendant sought to demand construction cost not received from the victim C, a building business entity, at the site of new housing construction works as stated in paragraph (1) and destroyed construction materials worth KRW 1,00,000 at the market price, which is the victim’s ownership, using red car prepared in advance on the wall surface of the building in the construction work.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 366 of the Criminal Act selective punishment, and the choice of fines;

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;