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(영문) 대구지방법원 김천지원 2017.09.05 2017고정292
재물손괴
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

As the victim B and the neighbor, the Defendant was aware of the land survey of the wall and the building attached thereto between the residential areas, through litigation, such as removal of the building and delivery of the land from around 2013.

In order to show the result of land survey conducted by the court below the house of the victim B located in Kimcheon-si, Kimcheon-si and the wall at the time when the defendant could not know about the early December 2016, the defendant damaged the above property amounting to KRW 500,000 by using a red car to show the scope of the crime and boundary of the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report (for the amount of damage inflicted on the victim's assertion);

1. Application of Acts and subordinate statutes to photographs destroying property;

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. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, gave rise to the effectiveness of the sentence after having sculpted the wall of the victimized person.

However, the defendant reflects the crime of this case.

The defendant seems to have colored the wall with a shot, and sent the shot.

The victim actually filed a civil lawsuit between several years of dispute over the land boundary with the defendant, but failed to accept his claim, and lost it. The defendant seems to have come to commit the crime of this case immediately after winning the civil lawsuit.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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