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(영문) 수원지방법원 평택지원 2016.12.01 2016고정269
재물손괴
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

From June 21, 2014 to November 10, 2014, the Defendant leased the above gas station owned by the victim E to the D gas station located in Pyeongtaek-si and operated the gas station, and supplied all of the storage tanks installed underground to use it as a tank for storage, without the consent of the victim. The Defendant connected the wall surface of the gasoline storage tank No. 2 of the storage tank No. 1 diesel tank, the wall surface of the second storage tank No. 2, the wall surface of the two storage tank, the second storage tank No. 3 storage tank No. 2, the wall surface of the storage tank No. 50cm wide, the vertical length of approximately 50cm, and the water tank of the storage tank No. 1, 2, and 3 with the pipe connected to the storage tank No. 1, 2, and 3 to the tank, and destroyed the tank No. 1, 31 and 2, and 3 through the container.

In order to continue to operate gasoline 2, which is linked to the storage tank 2 times, the Defendant destroyed by melting the pipe connecting the gasoline storage tank and the gasoline 2 times above the ground by closing it.

Accordingly, the defendant damaged the victim's property to be equivalent to 3.6 million won of repair cost.

Summary of Evidence

1. Legal statement of witness E, F and G;

1. The prosecutor's protocol of interrogation of the accused (including G statements);

1. E prosecutorial statement;

1. Police suspect interrogation protocol of the accused (including G and E);

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to accusation, lease contract, building placement plan, written confirmation of completion of cleaning, written estimate of repair of main abandoned, and field photographs;

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

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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