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(영문) 제주지방법원 2013.06.21 2013고정51

재물손괴

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

On August 11, 2008, the Defendant received a bid for multi-household housing 101 (hereinafter “instant housing”) in the name of “B-limited company,” which is the representative of the Defendant. On May 201, 2012, the Defendant destroyed the instant housing by having an employee under the name of the said company, who was an employee in the name of the said company, cut down the strings equivalent to 50,000 won of the market price owned by the victim D, the tenant of the instant housing, and by having the victim, who was in the instant housing plan, thrown away odor, fluor, etc. in the market price owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D's testimony;

1. The Defendant asserts that the Defendant’s assertion on the entire certificate of registered matters is that the Defendant’s company was successful in the instant house and executed compulsory execution under the order to deliver real estate, and the present person was also changed while repairing the instant house to lease it to another person, and that the present person’s string as indicated in the facts charged was the ownership of the Defendant, not the victim, and that the present person’s string was garbage only when entering the instant house at the time indicated in the facts charged. However, according to the evidence, the Defendant’s assertion that the present person’s string was replaced at his own expense by the present person’s string down on November 20, 209 when moving into the instant house as a collateral on a deposit basis, the present person’s string was replaced at his own expense, and the goods

Defendant’s assertion cannot be accepted.

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 366 of the Criminal Act;

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

1. Provisional payment order: The punishment shall be determined as ordered in consideration of all the following circumstances, in light of the application of the statutes of Article 334(1) of the Criminal Procedure Act, and the favorable circumstances: the victim shall be the defendant.