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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
피고인은 피해자 C의 5촌 조카뻘 되는 사람으로 피해자 C의 딸 소유인 의왕시 D에 있는 토지를 경작해 온 사람이다.
However, in order for the victim to sell the above land, as the defendant demanded the removal of the seedlings in the above land, the defendant's demand for compensation is under dispute with each other.
1. On November 5, 2013, the Defendant removed and destroyed a banner equivalent to 20,000 won at the market price installed on the land in order to claim the ownership of the land and thereby harmed its utility.
2. On February 10, 2014, the Defendant: (a) removed and destroyed a banner of 20,000 won at the market price re-established on the said land in order to claim the ownership of the land; and (b) damaged its utility.
3. At around February 16, 2014, the Defendant continued to remove at will the steel-conditioning network fence installed at a cost equivalent to 300,000 won to prevent the Defendant from leaving the said land so that the Defendant could have no access to the said land, and caused its utility.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement to C by the police;
1. Application of on-site photographs submitted by victims C, and the statutes governing damaged photographs submitted by victims C;
1. Article 366 of the Criminal Act and Article 366 of the same Act concerning criminal facts and the choice of fines;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Article 32 (1) 3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (where the scope of liability for compensation is unclear);