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(영문) 수원지방법원 2020.06.04 2019고정1249
재물손괴
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is to be corrected ex officio to the extent that the identity of the facts charged is recognized based on the evidence duly adopted and examined by the court, and the disadvantage of the defendant’s defense is not affected.

The Defendant is a manager of the building B in Suwon-gu, Suwon-si (hereinafter referred to as “instant building”).

On February 2, 2019, the Suwon City recommended correction that it should be removed without installing emergency stairs, because there is no emergency stairs in the building of this case.

From January 2017, the Defendant arbitrarily installed emergency stairs under the name of the victim D (Nam, 53 years of age) who operated “C” by leasing the first floor, the second floor, the parking lot, and the warehouse adjacent to the parking lot of the instant building from around 2017, and at any time, around March 13, 2019, the Defendant removed the wall of the first floor warehouse board managed by the victim from around 09:0 to 11:00 on March 13, 2019 to damage the repair cost of KRW 4,45,00.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and examined by the court.

1) The victim, who was the owner of the instant building, sold the instant building to E on December 12, 2016 (the transfer registration was completed in the name of E on February 1, 2017).

(2) On January 24, 2017, E leased the first floor, the second floor and the parking lot, the entire parking lot, and the warehouse adjacent to the parking lot from the instant building, and operated “C” at the same time. (2) On August 2018, E was pointed out by the chief of the Suwon Fire Station that there was no direct stairs leading to the ground level from the first floor of the instant building to the ground level, and received a corrective order from the Suwon Fire Station around December 2018, E received a corrective order in advance to correct it from the Suwon Fire Station, and received a corrective recommendation around February 2019.

3 The defendant under E's direction removed the board wall installed in the warehouse side of the underground parking lot of the first floor that the victim leased and managed, and installed emergency stairs connected to the ground from the underground floor to the ground.

(b) above;

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