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(영문) 수원지방법원 성남지원 2017.12.13 2017고단1785

절도등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The Defendant owned a part of the shares of the land and building B in Seongbuk-gu Seoul Special Metropolitan City (hereinafter referred to as “instant building”).

C is the spouse of C.

When the victim D decided to commence a voluntary auction on March 4, 2016 on the instant building, it paid the sale price in full on August 30, 2016 and made a registration of transfer of ownership on the entire building of this case.

On September 2, 2016, the Defendant: (a) received a document from the victim of the instant building on August 30, 2016, to certify the content that the sale price was fully paid; and (b) received a document to request the delivery of real estate within two weeks; (c) however, on May 6, 2013, the Defendant, on the ground that the second floor of the instant building used as a commercial building around May 2, 2013 to be converted into a residential purpose, did not receive the human test cost, etc. spent while converting the second floor of the instant building into a residential purpose, was removed from the things attached to the second floor of the instant building and sold that building having economic value.

1. Damage to property;

A. On November 21, 2016, the Defendant destroyed two studs for 300,000 won of the market value, which is the victim’s ownership on the rooftop of the instant building, by separating them by an influence method.

B. On November 24, 2016, the Defendant: (a) destroyed steel railing in the amount of KRW 1.2 million at the market price, which is the victim’s ownership, installed in steel stairs going up from the third floor of the instant building to the rooftop; and (b) destroyed it by using the rash.

(c)

From November 2016 to December 201, 2016, the Defendant removed the second floor board of the instant building, remote areas, tenting, and toilet pipes, and destroyed and damaged the property equivalent to KRW 1.60,000,00, which is the market value of the victim.

2. From the lower police officer on November 1, 2016 to the first police officer on December 2, 2016, the Defendant: (a) laid down water flaf on the second floor of the instant building on the second floor; (b) 5 even if the visit was made; (c) the windows, lights, electric lights, electric wires, and electric circuit breakers inside the shower city; and (d) cut off the market value, which was owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. The defendant;