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(영문) 청주지방법원 2014.04.10 2014고정60

재물손괴

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

The defendant is the owner of a new house in the Chungcheongnam-gun C, Chungcheongnam-gun, Chungcheongnam-gun.

1. On May 16, 2013, at around 09:30 on May 16, 2013, the Defendant: (a) from a farm road containing land owned by the victim E in the Chungcheongnam-gun, Chungcheongnam-do; (b) even though the existing width of the said farm road was 300cm; (c) but at the edge of the road the width of the said farm road was reduced to approximately 80cm to 100cm to be used as a residential fence; (d) it is difficult for the Defendant to use the said farm road as a access road to the new site of the said new housing construction site for the purpose of wideing the access road by using ready-mixed vehicles and pumps vehicles, thereby making it difficult for the said farm road to pass through the site of the said new housing construction site; and (e) instructed Poke F to separate the fences installed at the above site from the digging machine to throw it down to the outside of the access road; and (e) ordered it to remove approximately 2,402,00 won of repair costs.

2. On May 30, 2013, at around 11:30 on May 30, 2013, the Defendant instructed the victim E to separate the hump posts installed at the above hump to the above hump to use the hump to the access road to use the hump to the said hump, thereby making it difficult for the victim E to walk up at the construction site of the said new house by using the hump to the access road, and to remove the hump posts installed at the above hump to the outside of the access road to expand the access road, thereby damaging the repair cost so that approximately KRW 4,065,00 of the hump and approximately 150 meters of the hump to the victim’s possession installed in the farm road as above.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each police statement of E;

1. A copy of the written answer;

1. Written estimate;

1. Application of Acts and subordinate statutes of each photograph (No. 3, 7, 17) (Evidence List No. 3, 7);

1. Article 366 of the Criminal Act and Article 366 of the same Act concerning the applicable criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;