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(영문) 수원지방법원 안양지원 2018.07.06 2018고정180
재물손괴등
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a resident of the D apartment in Overcheon-si, and the victim E is the chairperson of the emergency measures for reconstruction of F-house with interest on the representative of the above apartment occupants.

1. On September 14, 2017, the Defendant, in response to the refusal to leave, found that the damaged person’s meeting room in the above apartment management office provides a broadcast of information opposing reconstruction, and provided a victim’s objection. Although at the time, the victimized person requested to leave the meeting on the ground that he/she was the representative of the occupant, he/she did not leave the meeting for about 40 minutes without justifiable grounds.

Accordingly, the defendant did not comply with the demand for eviction from the room possessed by the injured person.

2. In the process of protesting without leaving the place as described in paragraph 1 on the same ground, the Defendant damaged the property by making 200,000 won of the market price managed by the injured party potable, such as making the Defendant slick up.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of Acts and subordinate statutes to grods photographs;

1. Relevant legal provisions of the Criminal Act, Articles 319(2), 319(1), and 366 of the Criminal Act, the choice of fines for criminal facts, and the choice of fines for negligence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order [The amount of fine for a summary order shall be mitigated, considering the fact that the person appears to reflect wrongs, there is no history of criminal punishment, and the cost of repairing property damage is limited to 30,000 won];

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