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(영문) 의정부지방법원 고양지원 2019.01.31 2018고정747
재물손괴등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 25, 2017, the Defendant: (a) around 08:38, in front of the factory managed by the Victim C in Gyeonggi-si, the Defendant destroyed the unlocked market price owned by the victim C by cutting the locks installed at the above factory entrance.

2. The Defendant, who intrudes on a structure, forced to open the entrance by destroying and damaging the locks at the time and place specified in paragraph (1) and entered the factory managed by the victim C.

Accordingly, the defendant invadeds on the building managed by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. On-site photographs;

1. According to the records of the instant case, including evidence of conviction as to the investigation report (examination of the destruction of and damage to property and the damage to structure), the victim placed the goods in a factory on July 24, 2017 to the defendant.

7. It is recognized that the Defendant sent text messages to the 28th day (2.0 pages of investigation records, 90). Based on this, the Defendant asserts to the effect that his act is justifiable, as he sent a text message to the instant factory on July 25, 2017 as follows: (a) cutting the Defendant’s locked for writing in the instant factory and entered the factory for writing; and (b) the Defendant’s act is justifiable.

However, on July 10, 2017, the victim at the time did not manufacture and supply the machinery and equipment agreed to the defendant, and the defendant was given a demand notice to the victim to cancel the contract on July 10, 2017 (in fact, 2:52:53 pages of investigation records). After that date, the defendant and the victim appeared to have been in fact expressed that the conflict between the victim and the victim did not occur while making telephone conversations, and the contract was terminated between them.

In such a situation, if the defendant newly installed locks in the factory and corrected them, even if he sent the above text messages to the effect that the defendant would bring the goods to the victim, the above text messages damage the locks.

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