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(영문) 의정부지방법원 고양지원 2017.07.13 2017고정294
재물손괴
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is the owner of a factory located in Goyang-si, Busan Metropolitan City C, and the victim E, the owner of Goyang-gu D land that connects the above factory to the above D-dong, Goyang-si, Busan Metropolitan City, filed an application for a provisional disposition to remove the retaining wall by proxy with the above court on November 12, 2015, where the victim E, who is the owner of the above D-dong-gu D land, applied for a temporary disposition to remove the retaining wall from the above court to remove the retaining wall by proxy.

On March 9, 2016, the Defendant removed the above retaining wall through the court enforcement officer around 16:00, and then destroyed the above land by packing the cres of the cres of another victim’s ownership into a spawn and spawn.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. The written decision on the disposition of the place of interference; and

1. Each on-site photograph (the facts charged are recognized by the Defendant).

The contents, method, and process of the defendant's act, which can be seen by the evidence mentioned above (the court execution officer removed the retaining wall from the retaining wall and then the road packing work shall not be performed against the defendant.)

Although the defendant was dismissed, the defendant's act cannot be seen as a reasonable means or method, and urgency and supplementary nature cannot be recognized. Thus, it cannot be seen as a justifiable act under Article 20 of the Criminal Act, which is a justifiable act under Article 20 of the Criminal Act.

Application of Statutes

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. Penalty fine of 2,00,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the factual basis of the defendant is recognized, and there is no criminal record other than punishment once as a fine for a crime of this paper is imposed, and the motive, circumstance, etc. of the defendant is taken into account);

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