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(영문) 의정부지방법원 2020.09.09 2020고단3434
재물손괴
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a public service director of E, a corporation, which is a construction company of the 1008-household C apartment complex construction in the Namyang-si, Namyang-si, in order to remove the 187,500,000 Won, which is owned by the injured party in F in Namyang-si, in order to establish a pedestrian walking plan, safety plan, etc. prior to the removal of the above son-si, and consult with the South Yangyang-si. However, the Defendant tried to force the construction of the above son-si removal of the above son-si without following the above procedure in order to comply with the occupancy date of the said apartment complex ( June 1, 2020).

On May 11, 2020, the Defendant ordered H of the Co., Ltd., which was subcontracted the construction of the above removal of the above land in the French land, to the effect that “the removal of the above land must be unconditional for 16 days, and thoroughly prepared.” On May 16, 2020, the Defendant damaged the victim’s property by having the said H remove the above land using heavy equipment, such as crails and scke, from May 17, 2020 to 06:00 of the same month.

Summary of Evidence

1. A written statement of statement I concerning the police interrogation protocol of the suspect interrogation protocol of the defendant concerning H of the suspect interrogation protocol of the defendant concerning H (Evidence No. 21 No. 5 of the evidence list)

1. A written accusation (related to the calculation of the amount of damage) of the Namyang Jeju Market, the details of approval of the scene photographs, the conditions of approval of the project plan, and administrative matters;

1. Application of Acts and subordinate statutes, such as written consultation, urban planning facilities (road: J and 3) public notification and notification of the implementation plan of the project, investigation report on the plan to take measures (verification of ownership of inland overpasses);

1. Article 366 of the Criminal Act applicable to the crimes and Article 366 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the determination of a type] shall be limited to the crimes that are damaged (the first type] and there is no person who has any property damage, etc. (the area of recommendation and the scope of the recommended punishment].

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