logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.07.01 2016고정218
재물손괴등
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

1. Around February 2015, the Defendant damaged the victim’s property by removing and impairing the utility of the victim’s name, E-Ba 102, the heir of the network D in Eunpyeong-gu Seoul Metropolitan Government, and the market value-free locking device at the location of the non-merchant.

2. At the time and place set forth in the preceding paragraph, the Defendant infringed upon the victim’s residence by removing the lock locking device of the Mara 102 on the victim F, which was under the control of the network F, following the removal of the locking lock device, and entering the door through open entrance and leaving the house of the Defendant, etc.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Part of the statement in the police interrogation protocol against the defendant ( even if the defendant had examined the network D for a long time as he asserted,

Even if such circumstance alone does not constitute the deceased’s heir or acquire any right as to the loan of this case 102.

Although it is not clear who is the heir of the deceased, there is a person who is likely to be the heir, such as H or I, who is the birth of the deceased, who has been treated as the deceased's children, and therefore, his legitimate heir acquires the right to the loan of this case 102, and the defendant has no authority to enter the loan of this case 102 without considering who is the legitimate heir of the deceased.

Application of Statutes

1. Relevant Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and selection of each fine for 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow