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(영문) 광주지방법원 2014.09.04 2013고단5212
재물손괴등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. "2013 Highest 5212";

A. From Sep. 2008 to Jan. 2, 2009, the Defendant: (a) laid down trees 7 girs, tin trees 5 girs, and 3 girs on the land owned by the victim D in Gwangju Seo-gu; and (b) tried to improve the utility of the land on the land owned by the victim D in Gwangju-gu.

B. On June 2013, 2013, the Defendant: (a) arbitrarily removed hump gates installed on the land owned by the victim; and (b) removed the hump’s net; and (c) damaged the property in the market.

2. On October 23, 2013, the Defendant: (a) around 13:00 on October 23, 2013, the Defendant: (b) performed concrete packaging on the surrounding land owned by the victim D, including the above-mentioned C, the above-mentioned and its surrounding land C, the above-mentioned F, and red posts, which were the boundaries of G, thereby adversely affecting the size of the above land owned by the victim D.

Summary of Evidence

"2013 Highest 5212"

1. Partial statement of the defendant;

1. The witness D's legal statement "2,014,52";

1. Partial statement of the defendant;

1. Each legal statement of the witness H and D;

1. Copy of the cadastral survey result book; and

1. Application of Acts and subordinate statutes to investigation reports (Attachment to field photographs, etc.);

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 370 of the Criminal Act, and the choice of each fine (the fact that 400,000 won has been paid to the victim as a repayment of damage and the fact that reinstatement has been made, etc.);

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;

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