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(영문) 수원지방법원 2016.03.10 2015고정1542

재물손괴

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant was a tenant of 101-dong 1302, the 101-dong 1302, and the victim C, a lessor of the above apartment, is a person who acts as an agent for the lease business of the above apartment on behalf of the father E, the father of the above apartment.

Defendant

The victim and the victim discussed the termination of the lease and the cleaning cost of the above apartment.

On November 4, 2014, at around 09:30, the Defendant entered the above D apartment 101-dong 1302, with the name of "domination", such as "domination" and "bruation".

Accordingly, the defendant damaged the above apartment that he managed by the injured party to require the cost of restoration to the original state of KRW 6,500,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and F;

1. Results of on-site inspections by this court;

1. Part of the statement made by the police against the defendant;

1. Statement made by the police against C;

1. A written statement of F and G;

1. Each investigation report (the sequence 12, 13 of the evidence list);

1. All on-site photographs;

1. Written estimate of damage;

1. Copy of the ground plan;

1. Application of the Acts and subordinate statutes to the copies of letters;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 32(1)3 and (2) and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (the scope of Defendant’s liability for compensation is not clear)

1. The Defendant does not have any act of damaging the same as what was written in the facts charged.

2. Determination

A. The recognition of conviction in a criminal trial of relevant legal principles ought to be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true beyond a reasonable doubt, and form a conviction to this extent.