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(영문) 제주지방법원 2014.03.27 2014고정196

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

The defendant is the representative director of C&A.

On October 03, 2013, the Defendant: (a) removed an English signboard, the victim F, the representative director of the victim E, who entered into a performance hall and a performance production and operation investment contract with C on the ground that the victim F, a corporation, who entered into the performance hall, left the performance hall without resumption of the performance; and (b) does not have income from leaving the performance hall alone; and (c) destroyed the victim’s property by leaving the lighting, sound equipment, etc., of the market value of the victim’s property owned by the victim, which was installed outside the performance hall, for the purpose of leasing the performance hall to another person or directly operating the performance hall; and (d) 5,00,000 won at the market value of the victim’s ownership, which was installed outside the performance hall.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. A written complaint of G;

1. Application of Acts and subordinate statutes to report on investigation (in appendent to a contract and specify the amount damaged by signboards);

1. Relevant provisions of criminal facts: 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 sentence shall be determined as per the Disposition, taking into account all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable normal situation: A crime committed under the circumstances in which the actual performance is not performed and the damaged goods are left unattended without being damaged; and a normal situation in which the defendant won the lawsuit seeking nullification of the contract with the injured party and the appellate court are pending in the court of first instance and the appellate court, which is disadvantageous to the point that the court of final appeal is being pending in the court of final appeal: A judgment shall be rendered as per the Disposition on the grounds that there is a history of being sentenced to a fine of KRW 7 million