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(영문) 의정부지방법원 2014.10.30 2014고정1232
재물손괴
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the victim C's owner of the Gyeonggi-gu Down-gun Down-gun, where the victim C received stone construction from the construction of the HTTT company.

1. Around 08:20 on August 31, 2013, the Defendant arbitrarily removed and concealed two placards (a.8m., 1.8m., 2m.) “in the course of exercising the right of retention” (2m.) installed at the Dong and Dong entrance, Dong and Dong entrance, because the victim did not receive the construction cost.

2. On August 31, 2013, around 08:40, the Defendant: (a) removed and concealed placards as the foregoing paragraph 1; (b) found them again; and (c) installed them again at the same place as the foregoing paragraph 1; and (d) destroyed the knife with the knife.

3. On August 31, 2013, the Defendant destroyed one banner, “in the course of exercising the right of retention,” which was installed by the victim on the fourth floor of the said DB 4, in a knife.

4. On September 1, 2013, at around 08:00, the Defendant repaired a banner destroyed as above 2, and installed it in the Do and Dong Dong, cut it into a knife and damaged.

5. At around 08:00 on September 1, 2013, the Defendant re-exploited the damaged banner as set forth in the above paragraph 3 and re- installed it at the same place as the above paragraph 3, and removed and concealed it.

6. On September 2, 2013, around 07:20 on September 2, 2013, the Defendant destroyed the banner (Gae 9m, 90cm in length) installed between the above Down-dong and B building by the victim.

7. On September 2, 2013, at around 07:35, the Defendant destroyed one banner, “in the course of exercising the right of retention,” which was installed on the above Dolet A’s outer wall.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of each statute on photographs;

1. Article 366 of the Criminal Act and Article 366 of the same Act concerning the applicable criminal facts and the choice of fines;

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

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

1. As to the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the defendant and defense counsel are recorded in the facts constituting the crime in their judgment.

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