logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2015.06.12 2015고정42
재물손괴
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 10, 2014, the Defendant: (a) removed and damaged the 4,600,000 sn beam project with the total market value of KRW 4,60,000 on the ground that the victim D, who was a lessee of the said shopping district leased the said commercial building from the Defendant, for about seven years; (b) on February 24, 2014, when the above commercial building lease agreement was terminated, he/she requested the removal business entity E to remove and remove the 14 sn beam project with the sn beam project with the total market value of KRW 4,60,00,000, 11 amp, CD 2,000, air conditioners, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement by the police about D (including attached documents);

1. Each investigation report (Evidence No. 4, 5, 6) (Evidence No. 4, 5, and 6) argued to the effect that the defendant obtained understanding on the removal of the facility by putting the instant keys from the victim at the time of the establishment of the agreement with the victim around March 6, 2014. However, as seen earlier through the evidence, the content of the written agreement to the effect that "the defendant shall pay 3,500,000 won to the victim, and the victim shall operate the business, such as business registration and change of the name," cannot be viewed as an understanding of removal, and the key to the date of the instant agreement shall also be deemed to have been issued on the premise that the said agreement would be implemented (the victim stated that he/she was the key at the request of the defendant).

(3) The Defendant’s assertion cannot be accepted, since the instant facts charged are sufficiently convicted, inasmuch as the instant facts charged have been found to be guilty, since it did not go through lawful procedures, such as the victim’s consent or evacuation lawsuit, and arbitrarily removed the facilities owned by the victim without going through lawful procedures, such as the victim’s consent or evacuation lawsuit.)

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. Article 334(1) of the Criminal Procedure Act shall not be less than that of the provisional payment order.

arrow