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(영문) 대구지방법원 경주지원 2017.04.12 2017고정62
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 August 3, 2016, the Defendant: (a) sold to the victim D the amount of large-frequency 1,500,000, which was cultivated in a dry field of 1,000 p.m. on or around August 3, 2016, to KRW 3,50,000; (b) received payment of the purchase price; and (c) the said large wave became the victim’s ownership; (d) the victim requested the Defendant to repair a drug due to a certain part of the large wave at the time; and (e) was under the situation that the victim was waiting for the improvement of the large wave and did not harvest; (e) on September 1, 2016, the Defendant destroyed the large wave owned by the victim as the market price of the instant dry field that had been cultivated in the large

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to investigation reports (F counterpart, reasons for not preparing a statement), investigation reports (F 2 times the statement of F - the addition of the statements not stated in the first investigation report), investigation reports (including the site pictures taken before and after the dissolution of the large frequency work - the scene pictures taken before and after the dissolution of the work - the victim's submission);

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

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 (see, e.g., Article 334(1) of the Act on the Criminal Procedure of the Provisional Payment Order (see, e.g., Supreme Court Decision 2006Da33440, Apr. 1, 2006)

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