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(영문) 춘천지방법원 속초지원 2019.07.03 2018고정59
재물손괴미수
Text

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

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

The defendants are marital relations, and the victim C is neighboring residents of the defendants, and the defendants and the victim continue to suffer from the point of view of land boundary.

1. At around November 27, 2017, Defendant A demanded the victim to suspend the fenced construction before the victim’s house located in Seoyangyang-gun, Gangwon-do around 16:18 on November 27, 2017, but the victim rejected it, Defendant A’s refusal to do so, she laid down a stone toward the victim’s pents and laid down the pents, and attempted to damage the pents owned by the victim by her hand. However, Defendant A attempted to destroy the pents.

2. At around November 14:32, 2017, Defendant B demanded the victim to suspend the fenced construction before the victim’s house located in Kangyangyang-gun D, Gangwon-do, but the victim rejected the request, and the victim rejected the request, making the victim walked cement far away from cement, thereby damaging the market value of the victim’s non-property.

Summary of Evidence

1. C’s legal statement;

1. Each police interrogation protocol against the Defendants

1. Application of Acts and subordinate statutes to photographs, investigation reports (a CCTV photographs and CDs attached to suspect A and B), investigation reports (Attachment of photographs related to damage), and investigation reports (Attachment of photographs related to damage);

1. A defendant of the pertinent legal provisions and the choice of punishment concerning the facts constituting an offense: Articles 371 and 366 of the Criminal Act (Selection of Fine): Article 366 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

1. Defendants bearing litigation costs: It is so decided as per Disposition by the assent of all participating Justices on the grounds of the main sentence of Article 186(1) of the Criminal Procedure

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