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(영문) 수원지방법원 성남지원 2017.09.26 2017고정402

재물손괴

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the owner of the forest and field in Gwangju City, who intends to live therein, and the victim D is the owner of the bar installed in the land E.

The Defendant, while conducting a survey work for access road construction, sent a document verifying the content that one party to the file owned by the victim knew that the said file is installed in his/her own forest and land, sent the content that the victim would remove the said file to the victim, and the victim would not remove the file, and the victim would not remove the file. On March 31, 2016, around 07:51, the Defendant laid a lock corrected to the steel door using a lock machine from the forest and land located in Gwangju-si, Gwangju-si, and then moved the file to the next side.

Accordingly, the defendant damaged the property equivalent to KRW 1.7 million at the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Written estimate;

1. Application of Acts and subordinate statutes on site photographs;

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

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement (hereinafter referred to as the following grounds for sentencing) is to be moved by the Defendant, using the soft machine, to incidental lockeds and incidental lockeds. In light of the substance of the crime and the method of the crime, the nature of the crime and the criminal administration are not weak.

Meanwhile, the fact that the Defendant’s mistake is against the Defendant, and the Defendant appears to have caused the instant crime somewhat contingent in the course of the access road construction, and part of the instant hardware was installed in the forest owned by the Defendant, and the Defendant requested voluntary removal of the relevant parts to the victim by proving the content and banner before the instant crime was committed, and the Defendant is an initial offender who has no criminal history.