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(영문) 광주지방법원 목포지원 2016.11.11 2015고단1633
재물손괴
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant was indicted due to the damage of property, and the amendment to the indictment was made on the fifth trial date of the instant case, and the criminal facts of the instant case are those of obstructing another’s exercise of rights.

The defendant is a farmer who cultivates swimming and mergies, and the victim C is an agricultural products wholesaler.

On May 29, 2015, the Defendant sold the swimming houses cultivated by the Defendant at 65,50 square meters in the Jeonnam-gun D, Youngnam-gun, which was cultivated by the Defendant on May 29, 2015. In other words, 30 million won as down payment from tin, and 63 million won as the remainder on June 19, 2015, but around June 2015, the victim was suspected of being infected with viruss in some swimmings during the process of harvesting the said plastic houses (it is confirmed that the virative virity virus occurred). From the end of June 2015, the Defendant tried to eliminate the evidence of the outbreak by destroying the swimming boxes remaining in the said plastic house.

1. On June 29, 2015, the Defendant entered this part of the damage amount as KRW 5,908,000 (calculated as KRW 7,000 per opening) owned by the Defendant, which was in the said vinyl, to be handed over to the victim, (i) around June 29, 2015, the Defendant stated this part of the damage amount as “the Defendant’s possession of the victim,” and (ii) on the premise that it is normal for gambling. However, there is no evidence to acknowledge

의 넝쿨 순을 낫으로 자르고 하우스 개폐기를 내려 수박 넝쿨이 마르게 하여 이를 손괴하였다.

2. On July 5, 2015, the Defendant stated the amount of damage to this part as KRW 11,123,000 (calculated as KRW 7,000 per opening) owned by the Defendant, which was in the said vinyl, “The Defendant shall deliver to the victim,” but the Defendant did not inform the Defendant of the facts of the crime for the foregoing reasons.

In accordance with B, the greenhouse greenhouse was destroyed by the destruction.

Accordingly, the defendant damaged the defendant's property which is the object of the victim's right and obstructed the victim's exercise of right.

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