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(영문) 서울남부지방법원 2017.11.03 2017고정1551
재물손괴등
Text

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

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

Reasons

Punishment of the crime

1. On February 13, 2017, the Defendant: (a) caused damage to property by failing to prepare and carry out a letter of commitment that “to order the above office until April 28, 2017,” as the agent of the lessor B and C of Geumcheon-gu Seoul Metropolitan Government, the lessee leased the said building on May 15, 2016, by failing to pay the lessee’s office deposit and rent; (b) thereby, the Defendant destroyed the said building by locking it in a way that 200,000 won, which is a locking device of the said office, is cut down on April 27, 2017.

2. On April 27, 2017, the Defendant infringed on a structure: (a) destroyed the locks as above; (b) removed the said office from the victim’s office; and (c) removed the victim’s house cryp, etc. from the office to intrude into the victim’s office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 366 and 319 (1) of the Criminal Act that choose a penalty, and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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