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Reasons
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(영문) 대구지방법원 안동지원 2015.11.13 2015고정228
재물손괴
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Defendant shall be punished by a fine of KRW 500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and the victim B are in a relationship with neighbor B.

At around 10:30 on May 16, 2015, the Defendant destroyed the waterway pipe (expvc covered with pvc) that the victim was laid on the front ground before permanent residence at C, thereby impairing its utility by destroying property equivalent to 58,000 won at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B, D, and E;

1. Application of a certified copy of register or cadastral map;

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. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged to the effect that the Defendant committed the instant crime in order to prevent the victim from using the official title of the Defendant without permission. However, according to each of the aforementioned evidences, the official title, which the victim intended to use, is located in 1721 square meters before the permanent residence. The above F owner is E, and unless there are special circumstances, it is necessary not only for the efficient use of the land or building where the official title is located and for the maintenance of economic value, but also for the land and building to the extent that it is impossible to separate without damaging the groundwater or excessive expenses. Thus, it is reasonable to view that the above official title was attached and combined to the land and building to the extent that it is impossible to separate without causing any damage to the groundwater view or excessive expenses. Therefore, this part of the Defendant’s assertion is without merit.

In full view of the extent of the damage of the defendant to be damaged by the reason of sentencing, the circumstances leading up to such damage, and all other circumstances, such as the age, character, conduct and environment of the defendant, and circumstances after the crime, which are conditions for sentencing as shown in the oral proceedings,

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