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(영문) 서울중앙지방법원 2020.02.05 2019고단3230
재물손괴
Text

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

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

Reasons

Punishment of the crime

The defendant is a facility business operator.

On April 28, 2019, the Defendant: (a) around 19:00, on the front side of the Dongjak-gu Seoul Metropolitan Government B B lending, the victim C, the owner of the above loan, did not pay for the installation of the said B lending boiler; (b) cut off the gra’s boiler pipe, wall gate, door door, brick outer wall, etc. into several bricks and agency stones he was he accumulated at the same place, and damaged the repair cost of KRW 7,44,00 in addition to the g,44,00.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D, E, and F;

1. A written statement of C and G;

1. Written estimate;

1. Application of each statute on photographs;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

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

1. The defendant's assertion of the provisional payment order against the defendant under Article 334 (1) of the Criminal Procedure Act asserts that the repair cost of the damaged boiler strings, walls strings, fire doors, and brick outer walls does not exceed a maximum of 1.5 million won.

In full view of the following circumstances revealed by the evidence duly adopted and examined by this court, namely, the content of the boiler smoke repair, including the replacement of smoking engines El high-level, personnel expenses, value added tax, etc., the replacement substitute seat, based on the import seat of 30T, may take into account the container expenses, customs clearance expenses, etc., and each quotation cited by both parties shows a big difference in the target volume, and the relationship between the victim and the defendant requesting each of the above estimates, and each photograph on the site of this case, it is sufficient to recognize that the change in the indictment was required for the boiler, door door, and substitute seat repair. Accordingly, the Defendant’s assertion is not acceptable.

The reason for sentencing has not been recovered, and the victim is punished, the defendant does not have a criminal record exceeding the fine, and the victim surrounding the payment of the construction cost that became the cause of this case.

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