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(영문) 대구지방법원 2015.11.04 2015고정2199
재물손괴등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant causing property damage, on February 2015, destroyed the victim D’s rooftop, which was located in the Gyeongdong-gun C, which was located in the Gyeongdong-gun, by inserting two newspapers into the drainage pipe in order to prevent excellent quality from falling off from the victim’s rooftop to the Defendant’s wall surface from falling off from the victim’s rooftop to the Defendant’s wall, and by cutting down two drain pipes into the victim’s warehouse and the room, thereby cutting down the rainwater into the victim’s warehouse and the room, thereby damaging property worth KRW 4850,00.

2. Intrusion upon residence;

A. On February 2015, the Defendant: (a) went into a house of the victim, and went into a house to prevent the victim’s rooftop from falling off from his/her wall to his/her own house; and (b) infringed on the victim’s residence by using a bridge to prevent the victim’s wall.

B. On April 16, 2015, the Defendant came to place in the same place as the preceding paragraph, and went to a house and intruded on the victim’s residence by using a bridge for the purpose of drilling the drainage pipe set up like the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Written estimate;

1. Application of on-site photographs and statutes governing the scene photographs of victims;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime (the point of destroying and damaging property, the choice of fines) and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of fines);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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