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(영문) 서울동부지방법원 2012.12.12 2011고정3070
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

Defendant

A shall be punished by a fine of 500,000 won.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendants are married.

1. Around February 5, 2008, Defendant A leased the rooftop room of the building in Gwangjin-gu Seoul Special Metropolitan City E, Seoul Special Metropolitan City, which was owned by the victim D, from around 2008 to around 33 million won, and demanded the return of the deposit for lease on a deposit basis, and the victim demanded the return of the deposit for lease on a deposit basis, but the victim would demand the return of the deposit if other tenants appear, and the victim destroyed the rooftop floor intermittently on the rooftop floor of the building from March 6, 2010 to March 5, 2010.

Accordingly, the defendant damaged the rooftop of the building owned by the victim to be a repair cost in the market.

2. On March 6, 2010, around 09:49, Defendant B laid a fire on the rooftop floor of the building mentioned in paragraph (1) and destroyed the rooftop floor.

Accordingly, the defendant damaged the rooftop of the building owned by the victim to be a repair cost in the market.

Summary of Evidence

1. Part of the Defendants’ respective legal statements

1. Each legal statement of the witness F, G, H, I, and J;

1. A copy of G's statement or a copy of the J's certificate;

1. Application of Acts and subordinate statutes to photographs of destroying and damaging property;

1. Relevant Article 366 of the Criminal Act, Defendant A who choose a fine: Article 366 of the Criminal Act, collectively, and Article 366 of the Criminal Act; Selection of a fine;

1. Punishment to suspend the sentence (Defendant B) 300,000 won;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of each Criminal Act;

1. Suspension of sentence (Defendant B) Article 59 (1) of the Criminal Act (including degree of criminal conduct, etc.);

1. Article 334 (1) of the Criminal Procedure Act (Defendant A);

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