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(영문) 인천지방법원 2018.10.12 2018고정2025

재물손괴

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

A victim B is a person who resides in a unregistered house (Seoul Bupyeong-gu C) located in the area of Bupyeong-gu Incheon for residential purpose by the Incheon Urban Corporation.

The defendant is a person who resides in a unregistered house located in Bupyeong-gu Incheon Metropolitan City by leasing 105.94 square meters among Bupyeong-gu, Incheon Metropolitan City for residential purpose from the Incheon Urban Corporation.

1. On March 1, 2017, around 14:00, the Defendant destroyed the property owned by the victim by using and cutting the victim’s residential entrance entrance and steel fence between the victim’s house and the building sections, at the end of the Bupyeong-gu Incheon Metropolitan Government’s house C victim’s house.

2. On May 9, 2018, from May 14, 2018 to May 14, 2018, the Defendant: (a) demanded that part of the building wherein the victim resides in the above place allow the victim to accept it on several occasions; (b) on the ground that the victim did not comply with the demand, the victim removed the roof and wall of the victim’s residence by using the construction section between the building section and the house; (c) made the electric line cut in this process; (d) caused the shock to the opposite toilet, and destroyed the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each written statement in B;

1. On-site photographs, on-site photographs, and photographs of damaged parts, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (in-depth inspection, such as site inspection);

1. Relevant Article 366 of the Criminal Act and the choice of fines for criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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