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(영문) 대구지방법원 포항지원 2016.06.15 2016고정159

재물손괴등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

From March 2015, the Defendant jointly uses the first floor office of the victim B and the North Korean-gu C Building in the Posi-si, Posi-si.

1. On May 1, 2015, the Defendant damaged property: (a) operated the foregoing office in the first order of 14:00 square meters; (b) operated a mushroom shop in the trade name of “D”; and (c) requested E, a signboard installer, to install a signboard.

E, while having someone else install a signboard, it is necessary to remove and dispose of a rental guide banner equivalent to KRW 150,000 at the market price owned by the victim.

Accordingly, the defendant damaged E and non-personal figures by allowing them to remove the above banner.

2. On May 2015, the Defendant interfered with the business of the Defendant: (a) replaced the entrance door door at the lower patrolman with the trade name of “F” and prevented the victim engaged in the building management business from entering the office.

Accordingly, the defendant interfered with the victim's building management business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. An agreement for joint use of stores;

1. Application of Acts and subordinate statutes to investigation reports (a signboard installer E);

1. Relevant Article 314(1) of the Criminal Act, Article 316 of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines for a crime;

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. Articles 70 and 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;