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(영문) 대전지방법원 2014.04.23 2013고정2383

재물손괴

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On October 4, 2013, in order to install an emergency exit in compliance with the fire-fighting equipment standards in the C Youth Game Complex located on the fourth floor of Sejong Special Self-Governing City B, Sejong Special Self-Governing City, the Defendant arbitrarily removed and damaged the wall surface of the game room and the tiny wall surface (a 80 cm, 150 cm in length) installed at the boundary of the ticket office of the film board of the film board of the 401 film board of the building owned by the victim D, and damaged its utility by installing an emergency exit.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of legal statements of E/F to the Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

1. Penalty of one million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day);

1. The defendant's assertion under Article 59 (1) of the suspended sentence (the facts are recognized by the defendant, and the defendant seems to have been judged to have been unable to install an emergency exit by destroying the relevant part's wall in accordance with the Fire Services Act to open the game room (413). The part on the wall of this case is likely to cause any damage to the screen of the film board by cutting off the wall of this case. The wall of this case is owned by the owners of 413 and 401, and the wall of this case seems to be owned by each owner of 413 and 401, and the defendant seems to have had no criminal intent to commit property damage, and the owner is understood to have understood to have made an emergency exit, so the crime of property damage is not established. However, the crime of property damage is established in cases where the utility of another person (including joint ownership) is damaged by destroying the property, etc., and if there is any change in the state contrary to the owner's interest, and it does not affect the establishment of temporary damage.

벽면을 부숴 문으로 상태를 변경한 이상 벽면의...