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(영문) 청주지방법원 2019.10.24 2018고단1403
재물손괴
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is the representative of the D Area Housing Association located in the D Area Building C of Seocho-gu, Seocho-gu.

Around April 14, 2016, the Defendant carried out a housing development project for the land of the Gu, E, F, and Gu G, etc., the victim’s market price on the said land, which was planted and managed by the victim’s H, was awarded a contract to J operated by I at will without obtaining permission from the victim, and removed it from the said land without obtaining permission from the victim, and then, around October 2016, the Defendant arbitrarily removed the market price of the victim’s land owned by the victim, which was filled by the victim on the said land, from the land and removed it from the said land by arbitrarily removing and disposing of it at the original place.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement related H;

1. The K's statement;

1. Investigation report (report, such as hearing of suspect A telephone statements and confirmation of a business entity removing landscaping trees);

1. Court rulings;

1. Copy of a content certificate;

1. The defense counsel asserts that any damage photograph, on-site photograph, and each photograph (Evidence List Nos. 32, 33) can not be the object of the crime of causing property damage due to the wastes whose usefulness or utility of the property is lost. However, according to the above evidence, each L and sewerage officer can be deemed to be the object of the crime of causing property damage, since they can be used for the original purpose or for other purposes as owned by the victim.

In addition, the defense counsel requested the victim to remove the above L and sewerage pipes from the above land several times for the housing development project on the side of the partnership, which is the owner of the above land, but the defendant's act was inevitably taken out since the victim's failure to comply with it.

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