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(영문) 부산지방법원 동부지원 2017.11.30 2017고정940
재물손괴등
Text

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

If the defendant fails to pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a self-employed person who runs a building business.

On August 2016, the Defendant concluded a contract with the victim B, a main owner of construction, to construct a new building on the ground C in Busan metropolitan area, and agreed to a construction period during which the construction was completed, and did not perform the construction as agreed.

On March 24, 2017, when filing a civil lawsuit against the defendant, the victim requested the defendant to suspend construction works and withdraw from the office around the same month while filing a criminal complaint, and attached a notice to the effect that the above building entrance door is locked and the entrance of the defendant is prohibited.

Nevertheless, at the above place around April 5, 2017, the Defendant cut off the microlockeds of the market price, which is installed at the entrance of the above building, to the air, and entered the building managed by the injured party.

Accordingly, the defendant damaged the victim's property and intruded on the structure managed by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. The application of each Act and subordinate statutes to each investigation report (Submission of materials by a complainant), three photographs, and one letter statement;

1. Relevant legal provisions concerning facts constituting an offense, Articles 366, 34(1) (a) of the Criminal Act that prescribes the choice of punishment, Articles 319(1) and 34(1) (a) of the Criminal Act, the choice of fines;

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

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

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

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