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(영문) 대구지방법원 2017.05.10 2017고정116
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 is the owner of the building in Daegu Dong-gu, and the victim D is the lessee who operates E from the building, and the defendant and the victim have disputes over the termination of the lease contract for the building.

1. Damage to property;

A. On June 13, 2016, the Defendant destroyed and damaged the pipes by cutting off the market price in the above E store, which is the victim’s ownership, at around 09:30 on June 13, 2016.

B. On July 2, 2016, the Defendant committed a crime around July 2, 2016: (a) cut and destroyed the unlocked market price, which is the victim’s possession, installed in the instant E’s entrance door; and (b) moved the market price to another place, such as calculating units, chairs, clothes, etc. within the market price.

2. The Defendant infringed upon a structure: (a) cut the locks at the time, time, and place specified in the port as above; and (b) intruded the victim’s structure into the store.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Application of the provisions of Acts and subordinate statutes on the lease of real estate, cut air conditioners, pipe photographs, agreement, locks photographs;

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and the selection of fines, respectively, for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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