Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On October 18, 2018, at around 18:00, the Defendant: (a) removed a divorce lawsuit received by his spouse from the Suwon District Court branch; and (b) laid off the entrance to prevent the building from entering the house by Suwon District Court; and (c) caused damage to the unclaimed property of the market price, such as the door door, window door, main glass, cell glass, and door door, door door, door door, door door, door door, door door, door door, door door, door door, door door, and door, etc., which were attached by his hand.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Investigation report (a report on the attachment of a receipt for the cost of repairing glass hold);

1. Application of Acts and subordinate statutes for report on internal investigation (referring to cases of attaching field photographs);

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. Whether a damaged article determined as to the issue of Article 334(1) of the Criminal Procedure Act is owned by a defendant, or whether a damaged article is owned by a defendant and his defense counsel's assertion, etc. are all owned by a defendant and is not owned by another person.

Therefore, even if the defendant was damaged, it does not constitute a crime of property damage.

Judgment

Considering the following circumstances acknowledged by the evidence duly adopted and investigated by the court, since the items damaged by the defendant belong to the joint ownership of the defendant and C, it is determined that the damaged act constitutes the crime of causing property damage.

① The Defendant and C have maintained a legal marital relationship for a period of 40 years by marriage around 1971, and a house located in Gyeonggi-si B (hereinafter “instant house”) is a place where C is mainly residing.

(2) The fact that the instant housing was registered in the name of the Defendant is recognized. (3) The instant housing was registered in the name of the Defendant.