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(영문) 대전지방법원 천안지원 2013.07.19 2013고정608

재물손괴등

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On November 5, 2012, at around 17:00, the Defendant damaged the property damage by using the electric hand-oner to the strengthening glass of the above office, on the ground that the victim did not take the requirements of the Defendant in relation to the payment of the construction cost of the D Building No. 108 located in Dong-gu, Nam-gu, Seoul, Seoul, and on the ground that the victim did not take the demand of the Defendant, in relation to the payment of the construction cost of the above building, the Defendant destroyed the repair cost of KRW 4,30,000 by using the electric hand-oner of the above office at around November 13:00, 2012.

Accordingly, the defendant damaged the property owned by the victim.

2. At around 13:00 on November 7, 2012, the Defendant destroyed the correction devices of the said office and went to the said office on the ground that the Defendant exercised the right of retention for the construction cost of the said office on the ground that he was in front of the office No. 108 of the said D Building owned by the Victim C.

Accordingly, the defendant invadeds on the room possessed by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police suspect interrogation protocol against the accused (including the statement part ofC);

1. Statement to C by the police;

1. A complaint;

1. Damage photographs, etc.;

1. Written estimate;

1. A copy of the working place of lien;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;