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(영문) 서울동부지방법원 2018.10.19 2018고정562
재물손괴
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On January 29, 2018, the Defendant removed and concealed signboards of an amount equivalent to 700,000 won at the market price owned by the victim D without any justifiable reason at the entrance of the first floor in Seongdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Each investigation report [the defendant and his defense counsel] was agreed to remove the F director's "E driving school" signboard removed by the defendant (hereinafter "the signboard of this case") by F with F, and the signboard of this case is owned by the defendant as it was manufactured and attached by F at his own expense by the defendant, and it is not recognized as the intention of damage because it was unaware of the fact that the F and the victim had a new right of action due to the acquisition of a driving school.

The argument is asserted.

The following circumstances revealed by the evidence duly adopted and examined by this Court: ① The F appears in this Court as a witness and stated that the Defendant did not consent to or consent to the removal of the signboard in this case; ② The third floor of the building stated in the facts charged, on September 2017, when the G church moved at its director at its own discretion on the front side of the signboard in this case.

In addition, another “E driving school signboard” (hereinafter “existing signboard”) was detached and attached a letter of G church at that time, and as the F, who is the operator of E driving school at that time, demanded the restoration of its original state, the Defendant newly manufactured the instant signboard and attached it on the existing signboard instead of removing the letter of G church and attaching again the letter of E driving school, and the instant signboard manufactured and attached by the Defendant is the restoration of the original signboard due to the damage to its original state, and the ownership of the instant signboard was reverted to F.

It is reasonable to view the instant signboard from F along with E Private Teaching Institutes at the time of the instant case.

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