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(영문) 수원지방법원 안산지원 2016.04.27 2015고정1777
재물손괴
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On August 6, 2015, the Defendant: (a) opened an office door in the E office located on the 1st floor of the member-gu Seoul Metropolitan City, Ansan-si; (b) opened an office door to the victim F, the operator of the said E branch, and caused the door to face with the door door; (c) caused the buffer device to be well closed; and (d) damaged the property of an amount of KRW 680,00,000 at the market price of the office door owned by the victim by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. The respective legal statements of F and G;

1. Photographs;

1. Written estimate;

1. Determination as to the Defendant and his/her defense counsel’s assertion on the part of H’s statement among investigation reports (as to the office entrance’s horizontal condition)

1. It was true that the Defendant opened a closed door at the time, but this did not thereby destroy the buffer and corrective devices.

2. According to the evidence examined above, the following facts can be acknowledged.

① The Defendant, at the time and place of the crime, opened an office closed door while having a dispute over F with F at the time and place of the crime.

② The closed door is installed in order to prevent the above closed door from facing the door door, and the buffer door is installed.

③ The above closed door has a structure that makes it possible for the correction device that depends on the closed door to face in the door, if the buffer system does not play its role, the correction device that depends on the closed door can face.

④ The Defendant: (a) discovered that the injured party was faced with the corrective device in the door frame, and found that the locking device was not returned to the locking system; and (b) found the buffer device that does not function in light of the watching system and the aforementioned system.

(5) A worker placed in the foregoing business establishment:

G은 당시 피고인이 위 미닫이 문을 ‘ 쾅’ 소리가 날 정도로 세게 열고 나갔다고

statement is made.

(6) H shall place an order to the store occupant and shall enter the head office from time to time.

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