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(영문) 제주지방법원 2013.05.03 2013고정291
재물손괴
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 20, 2012, from 23:0 to 11. 21. 21. 200, the Defendant: (a) removed the building construction site in Jeju-si; (b) the victim D demolished a prefabricated-type building on the first floor of the building for the purpose of exercising the right of retention against the construction site; and (c) dissembling it by demolishing a prefabricated-type building on the market value set up by using a prefabricated-type panel on the first floor of the building for the purpose of exercising the right of retention against the construction site.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of relevant Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 366 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: A sentence shall be determined as ordered in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The time when a crime is committed in itself; and some of the circumstances after a crime are taken into account (in case of an attempt to return a panel to a victim, page 61 of the investigation records of the victim): The fact that the case is not insignificant in light of the content of the crime (it may have a significant influence on the relationship of civil thoughts and may cause additional disputes): Other matters such as the motive for the crime, the defendant's occupation, economic conditions, etc.

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