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(영문) 서울서부지방법원 2017.11.30 2016고정890
재물손괴등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On March 1, 2016, the Defendant damaged property and infringed upon a room in Mapo-gu apartment B apartment, Seoul Metropolitan Government. Around March 1, 2016, the victim D installed a fall on the front door on the ground of the exercise of the right of retention, and let the key gate dismantle the fall in the above room, which was occupied by the Defendant, and then removed the fall from the front door so as to damage the damaged’s market price and arbitrarily enter the room and intrudes on the victim’s possession.

2. The Defendant interfered with the duties of the victim’s exercise of the right of retention by force upon intrusion into the room room possessed by the victim D by the said method at the same time and place as the mentioned in the preceding paragraph.

Summary of Evidence

1. The defendant's partial statement in court (the purport that the defendant, as mentioned above, removed and entered the apartment No. B apartment No. 3) after having the defendant dissatisfy and dissatfy the two keys)

1. Statement made by the witness D in the fourth public trial protocol;

1. Application of Acts and subordinate statutes to the notification of cancellation of a contract, such as 11 copies of photograph on the scene of crime, investigation report (preparation, etc. of a supplementary statement of complaint), consignment contract, investigation report (Attachment to the relevant records), 112 report, investigation report, investigation report (Submission of documents by defendant's lawsuit), transfer contract of lien transfer, reply, proof of contents, investigation report (receiving of additional documents by the complainant), number of items occupied (attached files), confirmation of exemption, statement of intention, and notification of cancellation of a contract;

1. Relevant Article 366 of the Criminal Act, the choice of punishment against the crime, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act (the point of intrusion by room), Article 314 (1) of the Criminal Act (the point of interference with business), and the selection of fines;

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. E Co., Ltd. for which the alleged defendant works (hereinafter “E”) and the F Co., Ltd. whose representative is the injured party (hereinafter “F”) are part of B apartment and commercial buildings.

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