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(영문) 수원지방법원 성남지원 2018.09.12 2018고정365

특수재물손괴

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 20:40 on May 15, 2017, the Defendant damaged the victim’s property by citing the deflat value, which is a dangerous object, and by selling several walls, ceilings, etc. of a room in the artificial engineering work, and making it possible for the Defendant to repair the wall and ceiling.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Each photographic material (the defendant and defense counsel asserted the defects of construction and requested removal according to the victim's intent, so there was no intention to damage the property;

The argument is asserted.

However, the circumstances acknowledged by the above evidence, i.e., (i) the instant interior works concluded with the wife of the victim; (ii) the Defendant, disregarding the victim’s wife and booming the Defendant who entered with hacks, caused several walls and tents; and (ii) the time and place at night at 8:40 p.m., the time and place may lead to the neighboring residents’ resistance at the time of the removal construction as an apartment as a multi-unit house; and (iii) the victim was not in the situation or condition at the time of the request for immediate removal; and (iv) there was such speech or behavior as such.

In light of the fact that the victim's wife immediately avoided the defendant's action, the victim's wife can sufficiently be aware that the request is not a genuine intent; ③ the damaged part also was damaged by the defendant's internal facilities such as satisfy and tent, etc. which are not related to the construction work; and in particular, the degree of physical force at the time of using cement walls within satisfyd, such as damage to cement walls, etc., is very strong and it is difficult to view it as a normal removal work; thus, the fact that the defendant committed the crime of this case with the intent to damage property is sufficiently recognized, the above assertion is rejected).

Application of Statutes

1. Relevant provisions of the Act concerning facts constituting an offense;