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(영문) 서울중앙지방법원 2012.10.24 2012고정875
재물손괴등
Text

The defendant shall be innocent.

Reasons

The Defendant in the facts charged of the instant case is selling C’s brand, and the victim D is engaged in the Seocho-gu Seoul Metropolitan Government danran tavern business.

At around December 17, 2011, the Defendant entered a “E” dan, which was operated by the victim, and sent first 3:30 new walls, and refused to pay KRW 347,00,00 from the drinking value.

On December 17, 2011, the Defendant, at around 06:45, damaged property equivalent to KRW 390,000 by misunderstanding that the victim of the studio gate was locked at the outside without paying the drinking value in the 2studio in the “E”, and by putting the studio door door off at the studio.

Judgment

1. The defendant's assertion that the defendant and his defense counsel damaged the property as stated in the facts charged at the time of the instant case. However, the defendant asserts that the visit at the above main office was inevitable for a locking, and thus, it constitutes an emergency evacuation.

2. According to the evidence duly adopted and examined, ① the Defendant, along with the instant day, sent the drinking value to the above dan bar after drinking the alcohol. ② The Defendant did not pay the drinking value due to the dispute over the credit value, etc., during the settlement of accounts with D, a main business operator, and the Defendant did not pay the drinking value. On December 17, 2011, the Defendant entered two places as indicated in the facts charged. D and F went to another room; ③ the Defendant was called on December 17, 201, and was confined to the Ka Paf Kaf Ka on a 12-round 03:47 on December 17, 201, and was reported to the effect that the location and trade name of the Defendant was unknown; ⑤ The Defendant reported to the effect that he/she was not able to visit the Kaf Kaf Kaf Kaf Ka on a 112-round 12-round 204:35:51 on May 15, 2015.

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