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(영문) 수원지방법원 2018.10.26 2018고정1077

재물손괴등

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 17, 2017, the Defendant: (a) was a person who resided in the building B and A (A) 402; (b) the victim C was a representative director of D, the owner of the said real estate; and (c) on October 17, 2017, the Defendant and the victim won the instant real estate in the first instance trial; and (d) on February 11, 2018, the execution of the delivery of the real estate was completed by the execution officer of the Friwon method.

1. On February 3, 2018, the Defendant: (a) even though the delivery of real estate was completed on February 18, 2018, the Defendant destroyed and damaged the entrance lock system at approximately KRW 130,000 in the market price where the victim was installed by requesting to dismantle the entrance lock system by stating that he/she is the owner of the key to his/her name, and requesting to remove the entrance lock system.

2. The Defendant intruded on a structure without obtaining the victim’s consent from the person occupying the real estate at the time, time, and place specified in the above paragraph (1), and dismantled the entrance locker, and intruded on another person’s structure.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a real estate delivery execution protocol and certificate for registration;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the selection of fines);

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are divided, and some circumstances are to be taken into account in the circumstances leading to the instant crime, the fact that there is no record of punishment for the same kind of crime, and the defendant’s health status, economic situation, age, sexual conduct, family relationship, and records of criminal conduct are determined as ordered in consideration of various sentencing conditions indicated in the instant records.