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(영문) 인천지방법원 2013.04.12 2013고정364
재물손괴등
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant was a person who operated the Incheon Southern-gu Ccafeteria.

On September 26, 2012, the Defendant, as the victim D managed the above restaurant by the execution of the delivery order issued by the Incheon District Court on September 26, 2012, committed unauthorized intrusion to keep the restaurant business.

1. On September 27, 2012, the Defendant committed the crime, around 10:00 on September 27, 2012, entered the entrance installed by the victim into the restaurant by using a hacksaw.

Accordingly, the defendant damaged the correction device equivalent to 175,000 won in the market price owned by the victim and intruded on the structure managed by the victim.

2. The Defendant, on October 12, 2012, set up a correction device installed at the entrance in the same method at around 17:00 on October 12, 2012, and entered the restaurant.

Accordingly, the defendant damaged the correction device equivalent to 200,000 won in the market price owned by the victim and intruded on the structure managed by the victim.

3. The Defendant, who committed the crime of October 16, 2012, set up a correction device installed at the entrance in the same method at around 17:00 on October 16, 2012, and entered the restaurant.

Accordingly, the defendant damaged the correction device equivalent to 200,000 won in the market price owned by the victim and intruded on the structure managed by the victim.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement of statement made by the police against D (written receipts, copies, photographs, etc.);

1. Application of Acts and subordinate statutes to accusation (such as a record of execution of delivery of real estate, a written decision of recommending reconciliation, etc.);

1. Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and selection of fines for the crimes in question;

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

1. Articles 70 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;

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