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(영문) 부산지방법원 2015.04.09 2014고정4346
재물손괴등
Text

Defendant shall be punished by a fine of KRW 1,700,000.

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

Reasons

Punishment of the crime

around 14:00 on June 28, 2014, the Defendant damaged the property worth of KRW 187,000 at the repair cost by setting up a large number of free windows in the air driven by the victim D while working at the construction site, on the ground that noise and vibration generated from the new construction site of a neighboring building at the city of the Defendant’s office in Busan Dong-gu, Busan, was serious.

"2014, 4347"

1. Around 16:00 on July 10, 2014, the Defendant: (a) destroyed one of the front glass ( approximately 100cm x150cm mp) of the Dried air vehicle in Busan East-gu, Busan-gu, on the ground that the victim D was engaged in the astronomical excavation work for the foundation of apartment; (b) claimed that his house was shaking, noise was severely damaged; and (c) demanded the suspension of construction, the Defendant continued to perform the construction, despite having demanded the suspension of construction; and (d) destroyed one of the estimated glass on the second floor of his house and the front glass ( approximately 100cm x150cm mp) of his house;

2. The Defendant interfered with the work, at the time and place specified in the preceding paragraph, interfered with the victim D’s excavation work by exercising approximately twenty minutes’ power by means of the same method as the above paragraph 1.

Summary of Evidence

[2014 fixed 4346]

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Tax invoice, destroyed photograph (2014, 4347);

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of the photographic Acts and subordinate statutes;

1. Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, and the selection of fines for the crimes in question;

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

1. The judgment of the defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under Articles 70(1) and 69(2) of the Criminal Act for the detention of the workhouse, but it is true that the defendant's act of cutting the fire into the tent in order to prevent the victim's excavation work and damaging the glass of the vehicle.

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