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(영문) 서울중앙지방법원 2015.11.12 2015고정2371
재물손괴등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant purchased Seocho-gu Seoul Metropolitan Government C land and newly built and owned a building on its ground, and the victim D, E, F, G, H, I, and J are the owners of the “LBL” land and its ground buildings adjacent to the said C land.

1. On April 4, 2014, the Defendant destroyed and damaged the fence (17.5m in length) at his/her discretion, which was installed on the boundary of the said land C and K land in the process of constructing a new building on the land of Seocho-gu Seoul Metropolitan Government, Seocho-gu.

2. The Defendant, as described in paragraph 1, arbitrarily removed the existing fences installed at the boundary of the Seoul Seocho-gu land and K land, and around September 2, 2014, the Defendant was unable to recognize the boundary of land by installing a new fence (breadth 20cm, length 17.5m) with the line surveyed by the Defendant.

Summary of Evidence

1. Each legal statement of the witness F, M, N, andO;

1. The part concerning the defendant's interrogation protocol concerning the prosecutor's office

1. The prosecutor's statement concerning the F;

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes, such as photographs of evidence and photographs (influences of investigation records), etc.;

1. Relevant Article 366 of the Criminal Act, Article 370 of the Criminal Act, and Article 370 of the Criminal Act, the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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