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Defendant shall be punished by a fine of KRW 700,000.
Where the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
1. On May 30, 2014, the Defendant: (a) destroyed property by removing a locking device equivalent to KRW 200,000 in the market price owned by the victim D and E residents (hereinafter “victim, etc.”) from the entrance of the entrance at the entrance of the entrance at the building of the management office located in the Suwon-si flood Zone C (hereinafter “instant building”) around 15:00 on May 30, 201, the Defendant destroyed the building by means of removing a locking the repair hole and replacing it with another locking device.
2. The Defendant entering the building in question opened a string door and entered the inside without the consent of the injured party to the instant building that is jointly managed by the injured party at the same time and place as described in paragraph (1).
Accordingly, the defendant invadeds on the building managed by the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and F;
1. Application of the prosecution and police interrogation protocol to the accused;
1. Article 366 of the Criminal Act and Article 319 (1) of the Criminal Act (the point of causing damage to property and the choice of fines) concerning facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The assertion;
A. The Defendant did not have damaged a locking device installed in the instant building.
B. Inasmuch as the Defendant obtained F’s consent, which had been managing the instant building at the time of entering the instant building, the Defendant did not constitute a crime of intrusion on the structure.
C. Even if the Defendant did not obtain consent at the time of entering the instant building, the victim et al. illegally occupied the instant building and used the instant building as the management office, and thus, the Defendant entered the instant building to recover possession.