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(영문) 창원지방법원 통영지원 2017.06.09 2017고정2
재물손괴
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On October 29, 2016, at around 18:00, the Defendant arbitrarily deducts the victim’s “E” signboards installed in front of the event for the purpose of organizing a place to open in the camping market at the time of the event, which is operated by the victim D during a show of 18:00, without the consent of the damaged party.

In addition, it was displayed and moved to the neighboring area.

Accordingly, the defendant damaged the "E" standing signboards equivalent to the market price of 700,000 won owned by the victim and damaged its utility.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The accusation sheet (including photographs attached thereto) (including photographs) / The defendant and his defense counsel asserted to the effect that the defendant's act constitutes a justifiable act. However, in light of the means, method, and consequence, etc. of the crime of destroying the property of this case acknowledged by the evidence duly adopted and investigated by the court, it is difficult to recognize the balance and supplement of the legal interests of infringement of the benefits and interests to be recognized as a justifiable act, and it is difficult to

No act of display and leaving alone in the vicinity shall be deemed to constitute a justifiable act.

Application of Statutes

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

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 concerning the order of provisional payment;

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