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(영문) 수원지방법원 성남지원 2017.09.15 2016고정1443

재물손괴

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

around 05:00 on July 30, 2015, the Defendant mobilized heavy equipment through the removal business entity without obtaining the consent of the victim, D, etc., owned by the victim D, etc. on the above land (the 35 square meters of a plastic position board) at the Sinnam-si, Seongbuk-si, Sungnam-si, the Defendant removed the buildings by using heavy equipment through the removal business entity without obtaining the consent of the victim.

Accordingly, the defendant has harmed its utility by damaging the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement about D and E;

1. The investigation report (the photographic part);

1. The defendant and his defense counsel asserted to the effect that the defendant had no intention of damage on the ground that the defendant had no intention of damage on the ground that the defendant had no intention of damage since the defendant's office was in a state where he had not used any part of the office for a long time.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., (i) the members of the small group did not seem to have frequently used the office of this case or to have been in management of the office of this case properly, but it appears that they were using the office of this case as a space for a meeting or a rest, etc., (ii) the members of the small group took part in the work of repairing some facilities, etc. while using the office of this case for a long time; (iii) there was no warning that the seller would remove the office of this case to the defendant; (iv) the seller only sold the land only to the seller, and the removal, etc. of the office of the small group; and (iv) the defendant took part in consultation with D, the small group leader, prior to the balance of the above land, and thus, a right to the small group of the office of this case.