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Reasons
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(영문) 의정부지방법원 2017.02.09 2016고정972
재물손괴
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Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

On July 1, 2014, the Defendant was sentenced by the District Court on October 13, 2015 to transfer all the land, buildings, and their accessory facilities for the instant pention building and the pention business (No. 32681 land transfer, etc.), and the said judgment became final and conclusive on October 29, 2015.

1. On December 23, 2015, at around 17:00, the Defendant: (a) arbitrarily removed electric measuring instruments attached to the inner side of the gas station located in the Gangwon-gun, Gangwon-do, D, 5.520 square meters (1.67 square meters) owned by the victim E (57 years of age, south); and (b) destroyed the property in the estimate of repair by arbitrarily removing electric measuring instruments attached to the inner side of the gas station; and (c) by attaching electric measuring instruments to its container boxes, which are located in the surrounding area, for the purpose of delivering a hole of a size of 5.520 square meters (1.67 square meters) of the size of 5.20 square meters (1.67 square meters).

2. On July 2014, the Defendant destroyed and damaged the property that requires repair costs equivalent to KRW 200,00 by removing and smelling a person with a wooden material of Pakistan who was in the same place as the above paragraph (1) at the same time.

Summary of Evidence

1. Legal statement of witness E;

1. Court rulings (Law No. 2014 Ghana 32861);

1. Written estimate;

1. An investigation report (Attachment of a photograph submitted by a complainant), an investigation report (the date and time of damage to the property of a shot person);

1. The defendant and his defense counsel asserted that the part of the defendant's posing the brick hole is without intention to deliver it to the victim according to the final judgment of civil procedure, and even if not, it constitutes a justifiable act. The part of the portion where the electrical measuring instrument was removed also constitutes a justifiable act because it was intended to move the sand, and that the part where the person was removed from the wooden material is not easy to re-establish.

However, the following circumstances recognized by the evidence duly adopted and investigated by this Court are the following.

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