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(영문) 서울동부지방법원 2016.09.06 2016고정516

재물손괴등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[2016 fixed-term 516] On December 26, 2015, the Defendant: (a) around 09:50, the Defendant: (b) around D Borrowing E owned by the Victim C (year 51) in Gangdong-gu Seoul Metropolitan Government; (c) exercised the right of retention because the victim did not repay the construction costs of D Borrowing; (d) when the victim moved into the above D Borrowing F, the victim moved into the above D Borrowing E, and (e) caused the repair cost by breaking the above D Borrowing E-gate by the door door to the other heading room; and (e) removed one digital lock device in the market price as the decline.

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

[2016 after December 26, 2015, the Defendant, around 14:55, violated the victim’s residence by ordering G, a manager at the construction site, who is not aware of the circumstances, to conduct practical contact work and clean up in order to exercise the right of retention at the residence of the victim C (51) located in the Gangdong-gu Seoul Metropolitan Government Building E (51) and allowing G to open and open the door through the second floor corridor window.

Summary of Evidence

[2016 High Court Decision 516]

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. destructive photographs;

1. A copy of the full certificate of registered matters (including the agreement attached thereto);

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of the witness G;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes governing partial statements made by the police officer in G;

1. Relevant Article 366 of the Criminal Act, Article 319 (1), Article 34 (1), Article 31 (1), and Article 31 (1) of the Criminal Act, the choice of fines for a crime;

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

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

1. Article 334(1) of the Criminal Procedure Act provides that the Defendant has a legitimate right to possess the building of this case and the victim has illegally deprived of possession of the building of this case, and this is done in the process of withdrawing the Defendant’s possession.