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(영문) 수원지방법원 2019.11.21 2019고정1431
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 the land adjacent to the building constructed by the victim B.

On April 14, 2019, around 08:55, the Defendant destroyed and damaged a wall 13-metered at a height of 3 meters from the wall-to-face, on the ground that a wall was stored in the site of a new construction site, and that the land was damaged by the Defendant’s land owned by the Defendant, thereby impairing its utility.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. B written statements;

1. On-site photographs and related photographs;

1. A copy of confirmation of land use plan and land cadastre;

1. A CD in the mobile phone image submitted B;

1. Application of Acts and subordinate statutes to report on investigation (investigation of cellphone images);

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are recognized by the defendant's mistake, and there is no record of punishment prior to the commission of the crime in this case. However, the crime in this case was destroyed by the defendant's destruction of another's property without justifiable cause, and the defendant's liability for the crime in this case is not easy, and there is no agreement with the victim. Furthermore, considering the equity in sentencing with other similar cases, the above favorable circumstances are already reflected in the punishment prescribed in the summary order, and the punishment prescribed in the summary order is not deemed to be more important. Thus, the punishment is determined as ordered by the above order.

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