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(영문) 서울남부지방법원 2015.10.16 2015고단1897
재물손괴
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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant leased and operated the H “H” store (hereinafter “H store”) from G Co., Ltd. (hereinafter “G”) before the exit of Geumcheon-gu, Geumcheon-gu, Seoul. Around August 15, 2012, the Defendant filed a lawsuit for damages to G due to flood damage of the store, and suspended the store.

On June 24, 2013, the Defendant implicited that the victim I carried out the construction of partitions by carrying out a business facility in order to start a restaurant business at the main store. On June 24, 2013, the Defendant suspended the construction of the Defendant with the intention to return the investment cost of KRW 15 million around June 27, 2013 to the Defendant. On November 10, 2013, the victim recovered part of the business facility at the main store, which was received KRW 5 million from the Defendant, and the remainder of the facility was continuously installed at the main store.

On April 17, 2014, the Defendant, upon the completion of the lawsuit with Gmanman G, had J, who is a partner, arbitrarily, remove a restaurant business facility, such as a cater, straw, fracker, fracker, gracker, gracker, display room, and various click machines, which were in the market price in the store, from April 17, 2014 to the day following the end of the lawsuit with Gmanman, and caused the damage or concealment of the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the prosecution of I;

1. Statement of each police statement of I, J, L, and K;

1. Photographs;

1. Report on the resumption of H business;

1. Application of statutes on site photographs;

1. Article 366 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing of Article 62(1) of the Criminal Code Article 62(1) of the suspended sentence is that the victim's articles damaged in this case were disposed of in total of 50,000 won on the secondhands. The defendant deposited 7 million won on behalf of the victim, and the defendant deposited 10 years

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