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(영문) 부산지방법원 2016.08.25 2016고정1233

재물손괴교사등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is in a lease relationship by leasing the warehouse of the first floor of the building D in Busan Dong-gu to the victim C (60 years).

1. "2016 High Doz. 1233";

A. On January 8, 2016, the Defendant: (a) around 16:05, the first floor warehouse of the building D in Busan-dong, Busan-dong; (b) concluded the lease agreement; and (c) demanded the victim C to leave the warehouse; (d) however, the victim instructed three persons, such as Indian, etc., who were corrected at the entrance and exit of the warehouse for the reason that he did not cause the warehouse to be kept off; and (c) E, etc. moved it to the implementation and destroyed the body-type key by using the cutting machine.

Accordingly, the defendant instigated E, etc. in order to damage the key of the chain which is the market price in the victim's possession.

B. The Defendant infringed on a structure, such as destroying the key and leaving the warehouse managed by the victim C at the time and place mentioned in the above A. The Defendant invadedd the structure by leaving 10 scams owned by the victim.

2. On January 12, 2016, the Defendant: (a) around 20:10 on January 12, 2016, 2016, on the first floor of the building owned by the Defendant in the Busan Dong-gu, Busan, the Defendant: (b) mobilized the body of the victim at his own discretion during the dispute with the victim to expropriate the wall; (c) invaded into the building owned by the victim, which was kept in custody in the warehouse; and (d) intruded into the building owned by the victim by the victim by entering the scambling machine out of the warehouse.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A letter from each person in E, F, and G preparation;

1. Each investigation report (related to photographs taken by the person under investigation) and investigation report (Attachment to documents submitted by the suspect);

1. Application of Acts and subordinate statutes to a investigative report (the closure of on-site CCTV images and the attachment of CDs);

1. Relevant legal provisions concerning the facts constituting an offense, Articles 366 and 34 of the Criminal Act that choose the penalty, Article 319 of the Criminal Act, and the choice of fines, respectively;

1. The aggravated Criminal Act for concurrent crimes.