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(영문) 서울서부지방법원 2017.11.10 2017고정394
재물손괴
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A is the F's fraud, the owner of the E-house in Seodaemun-gu Seoul, and Defendant B is the former lessee who leased the said house from F, and G is the lessee who leased the said house from F.

F There was a dispute over the refund of the lease deposit to be returned to Defendant B after Defendant B was the director.

1. Defendant A’s damage to property: around October 09, 2016, Defendant A destroyed lockeds owned by Defendant B by cutting the door door door installed by Defendant B as it was not refunded the deposit money from the said house; and Defendant A destroyed the locks owned by Defendant B, which amount to approximately KRW 20,000 won.

2. Defendant B, at the above date and place, was in a state where the problem of return of the deposit amount was not resolved, Defendant B, while the victim G was moving to the said house, and was in the process of entering the house with portable burners and odors offered by the victim G, and was in need of two weeks’ treatment by pushing the victim G and throwing down the goods into the house, and was in need of two weeks’ treatment.

Summary of Evidence

[Defendant A]

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police with F [Defendant B]

1. Witness G and testimony of A;

1. Partial testimony of the witness H;

1. The defendant A and his defense counsel asserted that the act of the defendant A is a legitimate defense or legitimate act, because the defendant B intrudes the residence without permission to install locks and inevitably removed locks for the purpose of moving into G.

In addition, the defendant B and the defense counsel occupied the above house by using the locks while the defendant B did not receive the full amount of the lease deposit, and the victim destroyed the locks and lost possession with the defendant A. Thus, the defendant B's act constitutes legitimate defense or legitimate defense in order to recover possession.

However, according to the above evidence, the contents of the defendants' act of destruction or injury are as follows.

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