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(영문) 부산지방법원 동부지원 2018.05.09 2018고정143
재물손괴
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

Defendant

A and the victim B were in the relationship between April 2015 and May 2017, and around two years from May 2017.

On July 20, 2017, around 03:30 on July 20, 2017, on the ground that the Defendant does not open doors in front of the entrance door at the house located in Busan-gun, Busan-gun, 305 Dong 302, 302, the Defendant damaged one gate gate gate, which was kept in custody in the corridor, by using a wooden gate, thereby damaging one gate gate gate at a level equivalent to 300,000 won in the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes of each police statement protocol to B;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant asserts that the above apartment house is a place where the Defendant and B reside together, and that it was a considerable act to recover possession by unfairly infringing upon the Defendant’s unreasonable exclusion from possession, and thus, constitutes a legitimate defense.

However, according to the above evidence, the defendant's residence is not the above apartment, but the building D 102-2319 in Busan Dong-gu, Busan, and even if the defendant had resided in the above apartment house B.

Even if the act incidental to the door locked electronic locks of the leased apartment can not be seen as a considerable act to protect unfair infringement.

Therefore, the defendant's above assertion is rejected.

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