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(영문) 의정부지방법원 고양지원 2018.11.29 2018고단1753
재물손괴등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant C, the owner of the land in Yongsan-gu, Youngyang-gu, Busan-gu, 2018, was the representative of C, the owner of the land in Ilyang-gu, Seoul-do, and the victim D inherited the building constructed on the above land. The Defendant, on behalf of the owner of the land, was willing to remove the building by force without the consent of the victim, when negotiations on the transfer of the land and the removal of the building on behalf of the owner of the land have been concluded due to differences in opinions.

1. On March 12, 2018, the Defendant infringed on a structure: (a) around 10:00, the victim D was in front of the house managed by the victim D located in U.S. Dong-dong-gu, U.S.; (b) and (c) the locked of the gate to remove the said house, and entered the said house into the said house, and intrudes on the building.

2. The Defendant: (a) mobilized six human fathers at the time and place specified in paragraph (1) and destroyed the roof of the above house owned by the victim, by removing 20,000 won of the market price set up on the roof of the house inherited by the victim D; and (b) removing 20,000 won of the market price set up on the roof of the site.

Defendant C is the agent of the owner of the land in Yongsan-gu, Yongsan-gu, Incheon Metropolitan City, and the victim D inherited the building constructed on the above land. The Defendant, on behalf of the landowner, had negotiated negotiations on the delivery of the land and the removal of the building on behalf of the landowner, but failed to remove the building by force without the consent of the victim, while negotiations on the delivery of the land and the removal of the building on behalf of the landowner were concluded.

1. On April 17, 2018, the Defendant infringed on a structure: (a) around 11:00, the victim D was in front of the house managed by the victim D located in U.S. Dong-dong-gu, U.S.; (b) and (c) the locked of the gate to remove the said house; and (d) the locked into the said house.

2. The Defendant damaged the said house to the extent that the cost of repair was destroyed by breaking the wall and columns of the said house inherited by the victim D, by using five figures and one knife, at the time and place described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police of D. D.

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