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(영문) 부산지방법원 동부지원 2016.01.11 2015고정788
재물손괴등
Text

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

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

Reasons

Punishment of the crime

In August 2014, the Defendant purchased from the owner of the Busan-gun C and 505, the Defendant claimed the right of retention for the construction payment and occupied the above room.

The defendant thought that there is no right of retention for the victim, and tried to take possession of the victim.

1. On August 28, 2014, the Defendant damaged the above electronic locks, the market price of which is equivalent to 350,000 won, by requiring a certified repair E with the key repair key at around 10:30 on August 28, 2014.

2. The Defendant infringed upon his residence by opening the entrance door of the said room and entering it without permission, and intrusion upon the victim’s residence.

Summary of Evidence

1. Statement made by the defendant at this Court (as at the fourth public trial date);

1. Statement in part of each protocol of statement made to the police with respect to D or F; and

1. Application of the Acts and subordinate statutes written in a whole certificate of registered matters (Evidence No. 20-27 of the evidence record);

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

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. Article 70(1) and Article 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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