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(영문) 전주지방법원 2017.03.24 2016고정783
재물손괴
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

"2016 High 783"

1. On February 20, 2016, at around 09:00, the Defendant removed, removed, and removed, using scke, a house, stable, fence, etc., the victim E purchased at a victim’s expense of KRW 3 million from the former owner, in which the victim E purchased from the former owner.

Accordingly, the defendant damaged the victim's property.

"2016 Highest 199"

2. The Defendant from around March 2, 2016

3. 10:30 Of the two, the steel structures owned by victims E (52 metric tons, 5 metric tons in iron plates) (5 metric tons), and four navigational ports owned by victims F, etc., which were stored in E (52 metrics, south) in North Korea-gun C.

Summary of Evidence

"2016 High 783"

1. Partial statement of the defendant;

1. Legal statements from witnesses E and F;

1. Statement made by the prosecution against E;

1. Each police statement made to E and F;

1. Complaint;

1. A certificate (four pages of evidence records);

1. A certificate for all registered matters;

1. Request for cooperation in business affairs (request for dispatch of a list of auction objects), decision on permission for sale, and appraisal;

1. A report on investigation (Attachment of photographs before destroying property);

1. Each photograph "2016 Height 1999";

1. Partial statement of the defendant;

1. Legal statements from witnesses E and F;

1. Each police statement concerning G and F;

1. E statements;

1. A contract for removal works;

1. Unregistered building transaction contract;

1. A certificate;

1. Abstract of resident registration;

1. Investigation report (related to telephone conversations);

1. Application of each statute on photographs;

1. Relevant Article of the Criminal Act and Article 366 of the Criminal Act concerning the facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Defendant and his defense counsel’s assertion

A. The Defendant was not owned by the victim E but owned by the victim F. The victim F left the instant house and livestock shed, and the ownership of the instant housing and livestock shed.

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