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(영문) 대구지방법원 2014.08.29 2014고단2010
재물손괴
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On January 23, 2014, at around 18:00, the Defendant received notification of the termination of the management contract for the above studio building from the father C of the victim's 3rd floor building, a multi-family house owned by the victim D, the 3rd floor on the ground owned by the victim D, and attempted to impair the utility of the said studio building by putting the gravel into each drainage hole, which was installed in four drainage holess where the studio is located, to remove all of the studio network installed in the drainage hole, and to put it into each draining hole so as not to facilitate drainage by blocking the drainage hole. However, the Defendant attempted to commit it on the wind with no drainage hole.

Summary of Evidence

1. Each legal statement of witness G and C;

1. Each police statement concerning G and C;

1. Application of Acts and subordinate statutes to each investigation report (such as arrest of a suspect, attachment of site photographs, etc.);

1. Relevant Article 371 of the Criminal Act and Articles 371 and 366 of the Criminal Act concerning the crime, the choice of fines;

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) and (2), and Article 25 (3) 3 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders (inasmuch as the scope of liability for compensation is unclear, it is inappropriate to issue an order for compensation in the criminal procedure);

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