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(영문) 수원지방법원 안산지원 2014.05.14 2014고정284
재물손괴등
Text

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

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

Reasons

Criminal facts

1. From August 1, 2013, the Defendant for theft:

9. From the fourth floor of the building in Ansan-gu to November 11:00, due to the Defendant’s delinquency in the management expenses, the withdrawing party opened an electric distribution board that the withdrawing party manages through the D Management Body and connects the electric wires to the measuring instruments installed in the 435 unit without permission, and then cut the total of 129kws managed by the victim using electricity.

2. Around August 1, 2013, 12, and around the 14th of the same month, the Defendant destroyed the locked parts installed in the electric distribution plate managed by the victim D management body on the fourth floor of the above C building so that the price of the locked parts can not be determined by using the cutting machine and thereby impairing their utility.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning E and F;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to a summary of the list of complainants related to specified amount of electricity used without permission;

1. Relevant Article 329 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines, respectively;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was committed by the apartment management body because the defendant did not pay the overdue management fee by asserting that the apartment management fee was imposed unfairly, and thus, was cut down by the apartment management body. The electric power distribution counter part was destroyed and the electric wire was connected to the measuring instrument after that part was cut off, and then the electric current was stolen, which is unfavorable circumstances such as where the damage is not recovered yet, and the defendant’s mistake is against his depth while recognizing the crime of this case and the degree of damage caused by theft or damage

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