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(영문) 제주지방법원 2016.09.06 2016고정8
재물손괴
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who has built a stone building on external walls at a new building located in D in Jeju City owned by the victim C (Nam, 34 years of age).

around 17:30 on October 18, 2015, at Jeju, the Defendant appealed from the victim and the victim E (n, 57 years of age) demanding reconstruction on the defective part of the volcanic seat of the outer wall, and sent about 53 of the building outer wall to the Defendant’s vehicle parked in that place as soon as possible with a red roman from the Defendant’s vehicle.

Accordingly, the defendant has harmed the utility of the above property to the extent of the amount equivalent to 5.18 million won of the repair cost.

Summary of Evidence

1. Each legal statement of witness C, E, F, and G;

1. Each police statement of E and C;

1. On-site photographs;

1. A certificate prepared by G;

1. The application of Acts and subordinate statutes to a witness G’s statement related to the amount of repair costs, in light of all the circumstances indicated in the arguments and records in the instant case, such as photograph [the case where the outer wall of this case is deemed to be the shape of stone and the measures, such as removing the above facilities, may be necessary when the defect repair is carried out. The defect repair work is not large-scale construction work and thus there is a possibility that additional expenses will occur. The defect repair work is likely to lower material costs or personnel expenses, as it is not large-scale construction work, and the quantity and degree of damage of the damaged external stone, and possibility of the occurrence of transportation costs due to the geographical characteristics

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

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

1. Provisional payment order: Judgment on the issues of Article 334(1) of the Criminal Procedure Act

1. The Defendant’s summary of the Defendant’s chilling of the instant building outer wall as soon as possible on the stones of the instant building, but the stones were expected to be replaced due to the climatic defect, and thus, it was merely an act in order to harm the indication, thereby impairing the utility of property.

The meaning of the crime for the damage of property or property.

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