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(영문) 창원지방법원 2014.01.24 2013고단940
재물손괴등
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

The Defendant asserts that the right of retention exists with respect to the instant building since June 2009 to February 2010, the construction of the Kimhae-si C building (hereinafter “instant building”) and the construction of the interior of the interior of the interior of the interior of the building and the construction of the interior of the interior of the interior of the interior of the building was not received from D.

The title holder of the instant building is E, and the actual manager of the said store is D, and the victim F leased the instant building from E on January 14, 2012 to manage the building by May 21, 2012.

[2013 Highest 940] The Defendant destroyed the victim’s property to the extent that the repair cost of KRW 104,500,000 for each of the following reasons, thereby impairing its utility.

1. On January 5, 2013, at around 11:00, the Defendant entered the letter, “in progress of a lien,” in the color frame, in order to inform the outside of the right of retention, of the right of retention at the front glass window of the store of Kimhae-si, Kim Jong-si (a) x 4 glass with a size of 50cm x 2m wide and 1m x 1m x 2m vertical length, four full glass windows with a size of 2m free glass) of the front glass window of the store of the building C in Kimhae-si.

2. On January 10, 2013, around 10:30 on January 10, 2013, the Defendant entered the words “in the course of the lien” in the color frame in order to inform the outside of the right of retention.

[2013 Height941] The Defendant intruded into each of the instant buildings leased and managed by the victim as follows:

1. On January 3, 2013, at around 12:20, the Defendant: (a) opened an entrance and a correction device by using the key to which the victim was able to correct the entrance at the Kimhae-si, Kim Jong-si; and (b) put his home appliances into the entrance.

2. On January 4, 2013, at around 04:30, the Defendant entered a place as above, such as the foregoing paragraph 1, and stored the collection of home appliances, etc. in that place.

Summary of Evidence

1. Each legal statement of witness F and witness E;

1. Some of the Defendant’s suspect interrogation protocol of the police officer on January 8, 2013

1. Each police statement of G and H;

1. A copy of the real estate lease agreement, respectively;

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