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(영문) 부산지방법원 2016.05.11 2016고정455

재물손괴

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On July 2015, the Defendant removed bricks installed at the end of a house hushes, owned by the victim I, and damaged the unclaimed amount of the repair cost by removing the bricks installed at the end of a house hushes, which was owned by the Defendant in the Geum-gu G around Busan, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Investigation report (Attachment of cell phone photographs which are the complainants) and investigation report ( telephone conversations between the person in charge of cadastral construction work and the victim);

1. On-site photographs, a copy of the contract, confirmation drawings, each general building register (A), each general building register (the result of boundary restoration), 10 copies of field photographs, and cadastral surveys (the defendant and his/her defense counsel shall be deemed to have been jointly owned by the defendant and his/her victim. The defendant and his/her defense counsel shall be deemed to have been jointly owned by the defendant and his/her victim. Since the defendant had no choice but to attach the measuring instrument to the above thrings during the process of repairing the house, damaging the thrings for this purpose is not constituting a crime

The argument is asserted.

However, according to the above evidence, the above hullum is installed on the land owned by the victim and thus deemed as owned by the victim. There is no other evidence to deem otherwise as owned by the co-ownership (it cannot be deemed that the co-owner has no intention of damage as long as the co-owner damaged it without the consent of other co-owners). Moreover, it cannot be deemed as the act of preserving the article jointly owned, and the defendant's and defense counsel's assertion is without merit.

Application of Statutes

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;