(영문) 수원지방법원 안산지원 2008. 10. 8. 선고 2008고단2454,2008초기837 판결

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집행유예

[재물손괴·배상명령신청][미간행]

Escopics

Defendant

Prosecutor

Dozed Jina

Defense Counsel

Attorney Park Jae-ho

Applicant for Compensation

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

An applicant for compensation shall be dismissed.

Criminal facts

While the Defendant was residing in the ○○ apartment (Dong-dong omitted) located outside of the Dong-dong (Dong-dong omitted), on December 27, 2007, the victim non-indicted 1 (the applicant for compensation in the second instance) who acquired the ownership by winning a successful bid for the above apartment through a voluntary auction on December 27, 2007, was dissatisfied with the demand of the Defendant to deliver and request the above apartment to the Defendant through the house delivery.

On January 26, 2008, the Defendant, as a director of the above apartment on the apartment, set up a shower in the ward room in the apartment, container sprink, bath room, shower box box, wing-out, entrance, entrance, electric facilities, lighting facilities, boiler facilities, boiler facilities, and remote areas in the apartment, thereby undermining the effectiveness of the market value of the above property owned by the victim due to breaking out and destroying it.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each legal statement of the witness Nonindicted 1 and 2

1. The police's statement of Nonindicted Party 1

1. On-site photographs;

Application of Statutes

1. Article applicable to criminal facts;

Article 366 (Selection of Imprisonment or Imprisonment)

1. Suspension of execution;

Article 62 (Consideration of Deposit of Prize Money)

1. Orders for compensation;