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(영문) 광주지방법원 2014.05.27 2014고정698
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

The Defendant is the owner of a house on the ground B in Jeonnam-gun, Jeonnam-gun, and the victim C (Nam, 68) is the owner of a house on the ground D in his adjoining area.

On October 11, 2013, the Defendant performed excavation works using digging devices to store stone in the boundary between his own house and the victim's house.

While performing the above excavation work, the Defendant: (a) removed and destroyed property by locating out trees equivalent to KRW 2,60,000 in total of market prices, such as 3 glus, glus, 5 glus, glus, glus, glus, and glus glus, which were planted at the entrance and end of the victim’s house; and (b) caused damage to property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Application of Acts and subordinate statutes to photographs;

1. Article 366 of the Criminal Act and Article 366 of the same Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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