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(영문) 창원지방법원 밀양지원 2019.06.13 2019고정35
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

Defendant

A shall be punished by a fine of 300,000 won.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

B A around May 13, 2015, purchased a total of 827/1,521 shares of the said land from D or E, who is the co-owners of the land of Gyeong-gun, Gyeong-gun, and completed the registration of ownership transfer on or around the 29th of the same month, and Defendant A is the spouse of Defendant B.

The Defendants reached the above land around October 3, 2018 without the consent of Defendant B, the co-owner of the above land, and on the ground that the victim F, without obtaining the consent of Defendant B, destroyed the shoulderes harvested by the victim G, and Defendant B, by combining them, laid down approximately 5,000 won in total in the market price, and 5,00 won in all directions cannot be scattered.

Accordingly, the defendants jointly damaged the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police of the F;

1. Application of Acts and subordinate statutes to investigation reports (on-site verification and submission of estimates for damage);

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, and the choice of fines

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

1. Defendant B of the suspended sentence: Article 59(1) of the Criminal Act (including a fine of 300,000,000,000 won per day when a sentence is suspended, 10,000 won per day when a person is detained in a workhouse, and all circumstances, such as recognition of the crime, minor and minor damage, recovery of the amount

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