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(영문) 부산지방법원 2015.11.26 2015고정2980

재물손괴등

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant: (a) around 08:00 on April 8, 2015, the victim D leased and used the above No. 501 of the Busan Northern District C Building No. 501; (b) but the lease contract was not terminated, the Defendant opened the entrance door corrected for the interior works under the above 501 as a key to the building, and entered the building.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness D and E's respective legal statements;

1. Article 319 (1) of the Criminal Act and the choice of fines concerning the crime;

1. Articles 70(1) and 69(2) of the Criminal Act for the Detention in the House of Labor (Article 70(1) of the Criminal Act (Article 70(1) and 69(2) of the said Act (Article 501 of the said Act) can be deemed to have continuously occupied the said store by the means of asserting the right to lease on the said store (Article 501 of the said Act, even if the injured party moved to the fourth floor). Therefore, as long as the Defendant entered the said store at the same time without the consent of the injured party, the possessor of the said store (Article 501 of the said Act) and as long as the injured party was aware of the possession of the said subparagraph 501 at the time, the non-guilty part cannot be deemed to otherwise on the ground that he/she entered the said store with the consent of the lessor E (see,

1. Around April 17, 2015, the Defendant: (a) destroyed the instant charge by leaving the key repair machine to prevent the victim D from entering and leaving the existing locks by replacing the locked; and (b) thereby causing the damage therefrom.

2. According to the records on the market, E can be recognized that the lessor returned the lease deposit to the victim on April 8, 2015 and the lease contract on the above 501 was terminated. E sent the phrase that the lessee returned the lease deposit to the victim as above to the mobile phone of the victim, and the victim is also deemed to have been aware.