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(영문) 부산지방법원동부지원 2020.09.09 2020고정114
재물손괴
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who has executed Busan Southern-gu B Apartment, and the victim C(the age of 41) is a person who has participated in the new construction of the above apartment.

On November 15, 2019, at around 12:00 on November 15, 2019, the Defendant removed the right of retention exercise signboard, actual advertisement board in an amount equivalent to KRW 3,962,00,00, which was attached on the outer wall of the above apartment, as a hand, and damaged the property of the victim.

[Defendant asserts that the victim illegally occupied the apartment of the defendant and thereby, caused damage to the advertising board of the exercise of the right of retention. Even if the victim illegally occupied the apartment without meeting the requirements for the exercise of the right of retention, and affixed an advertising board of the exercise of the right of retention to the apartment, it constitutes the crime of damaging property without following the lawful procedure to remove it.] Summary of evidence

1. Partial statement of the defendant;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to investigation reports (with respect to the destruction of and damage to property, and attachment of estimates);

1. 30,00 won of a fine to be suspended under Article 366 of the Criminal Act in relation to the relevant criminal facts and the choice of a penalty;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act of the suspended sentence (including the fact that the victim renounces his/her right of retention and does not want his/her punishment against the defendant after prosecution)

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