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(영문) 부산지방법원 2014.09.04 2014고정1957
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. On December 30, 2013, the Defendant: (a) discovered a house owned by the victim D in Busan Dong-gu, Busan; and (b) entered the house through an open gate to damage property; and (c) invaded upon the victim’s residence.

2. The Defendant, on the ground that the victim did not pay the balance of the construction at the same date, time and place as Paragraph 1, caused the victim’s damage to the victim’s second floor and the wall surface of the second floor building with a yellow paint so that the amount of approximately KRW 992,50,00 can be damaged as repair costs.

3. On January 3, 2014, the Defendant entered the victim’s residence through an open gate for the same reason as paragraph (1) at a place, such as around A.M. (1).

4. The Defendant, on the same date, at the same time, at a place as paragraph (3) and in the same manner as paragraph (2), destroyed its utility by breaking a shot in a white paint on the stairs between the first and second floors of the second floor housing owned by the victim, the inner inside and outer wall of a house, and on the wall of the outer wall, so as to have approximately KRW 92,50,000 at its repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to field photographs and estimates;

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 of the Criminal Act, the selection of fines for negligence;

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

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

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

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