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(영문) 의정부지방법원 2015.07.23 2014고정2346
재물손괴
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The Defendant is the landowner of Gyeonggi-gu, Gyeonggi-do, the land owner, and tried to construct a bridge to connect his own land and the E ditch site of the victim to the river located between his own land and the E-owned land, but the victim (victim and the aforementioned land manager F) did not object to the permission to occupy and use the ditch site on April 7, 2014 when the victim was unable to construct a bridge on the ground that he obtained the permission to occupy and use the ditch site, on April 7, 2014, at the entrance of Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, G Access road, around 08:30, the victim set the entrance door at the entrance of the bridge and obstructed the bridge construction by cutting off the entrance door to the Ha, who is a bridge construction business operator, ordered the bridge construction to remove the entrance and remove the bridge construction to the Ha, etc., the driver, who is a driver of the bridge, installed the entrance at the entrance, the right pole, the steel pole, and the steel 3 fluord the victim’s property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of statutes on field photographs;

1. Relevant Articles 366 (Selection of Punishment of Fines)

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence 59(1) of the Criminal Code (the Civil Code was established regarding disputes between the defendant and the victim, and the F, which was substantially a dispute between the defendant and the victim’s land administrator, does not require punishment for the victim, and the circumstances leading up to the instant crime were to be considered (the victim’s only passage leading to the land owned by the defendant).

(3) The Defendant and the defense counsel’s assertion regarding the Defendant and the defense counsel have been removed for the Defendant’s access to and construction of his own land by blocking the only passage leading to the Defendant’s land from the bar gate, which is stipulated in Article 20 of the Criminal Act.

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