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(영문) 수원지방법원 안양지원 2015.03.27 2014고정801
재물손괴등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged are organized and recognized as follows:

On February 5, 2014, at around 08:00, the Defendant paid expenses to the victims to install posts and pents in order to remove the volume of 19 meters installed directly by the victims, and made it impossible to recognize the boundary of the land at the same time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Evidential evidence (Evidence 1 to 13) (Article 82Do1057, Jul. 13, 1982; Supreme Court Decision 93Do2701, Dec. 7, 1993; etc.) (Article 82Do105, Jul. 13, 1982; 93Do2701, Dec. 7, 1993; etc.) is also applicable to an act that impairs the utility of the crime of causing property damage (Article 1 to 13). When the defendant has played a role as a boundary by putting jus and pents down the pents, the crime of causing property damage is established, and the victim's intent to commit the crime of causing property damage and bordering may be inferred unless

1. Article 366 of the Criminal Act and Article 370 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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. The grounds for sentencing under the main sentence of Article 186(1) of the Criminal Procedure Act for litigation costs did not mean that the defendant was unable to obtain a letter from the victims and did not spend the actual expenses for the recovery of damage. However, the defendant tried to restore the original state immediately after the occurrence of the instant case (the investigative record 75-78 pages, 100 pages), and the cost of restoration spent by the victims.

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