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(영문) 대구지방법원 김천지원 2013.07.04 2012고단1152
재물손괴
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

around May 2012, the Defendant was a person who installed freezing equipment in the E-art operated by the victim D in Gumi-si.

On June 8, 2012, the Defendant: (a) around 13:30 on June 13:30, 2012, the Defendant damaged the said freezing equipment to cover KRW 160,000 for repairing costs, such as opening a cooling valve for freezing equipment installed in the said place on the ground that the victim did not pay KRW 1,360,00 among the construction cost, and cutting electric wires.

Summary of Evidence

1. Legal statement of witness D;

1. Written estimate;

1. Application of the provisions of Acts and subordinate statutes of the investigative report (as to the attachment of the Kakakao Stockholm text data to the complainant), and text data attached to the investigation report (as to the attachment of a field photograph), investigation report (as to the investigation of the F Telephone of the reference witness), investigation report (as to the attachment of the documents submitted by the complainant), and attached F, including a copy of the receipt, Chapter Twenty-two of on-site photographs, investigation report (as to the attachment of the documents submitted by the complainant), and Acts and subordinate statutes

1. Determination as to the assertion by the relevant Article of the Criminal Act and Article 366 of the Criminal Act regarding the crime, the defendant selected to punish imprisonment and his/her defense counsel

1. The defendant alleged that he only affixed a photo of the freezing equipment and did not destroy freezing equipment.

2. According to the evidence duly adopted and examined by this court, the Defendant: (a) installed a freezing facility of Maart operated by D around May 2012; (b) visited 8-10 times to repair freezing equipment due to the malfunction of freezing equipment; (c) installed a locked with a password of six folds; (d) the Defendant opened the locked itself each time he visited Maart; (c) there was a dispute between the Defendant and D as a matter of frequent breakdown of freezing equipment and payment of balance, etc.; and (d) the Defendant from around 12:20 on June 8, 2012 to 13:60,000 won deposited Da from 13.60,000 won per annum.”

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