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(영문) 의정부지방법원 고양지원 2017.06.13 2017고정10
재물손괴등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around February 16, 2016, the Defendant was entrusted with the authority to remove and dispose of the building at the time of the strike owned by the victim B, even though the fact was not entirely entrusted by the damaged party with the authority to remove and dispose of the waste from the factory building at the time of strike owned by the victim B, the Defendant was entrusted with the authority to remove and dispose of the building B

On the same day, 500,000 won was delivered from D as the down payment.

Accordingly, D, who thought that the right to remove the above building was delegated by the Defendant, delegated the said right to E again, and E re-entrusted it to F again.

Since then there is the right to remove and dispose of the above factory buildings.

on February 25, 2016, at around 13:00, the F has removed two toilets of the above building, two office partitions, two urinals, and two three screeners, and has taken measures to bring them up and continue to take such measures.

2. On 15:00, around 29.15:00, the head of the 5 outside glass of the factory and the office entrance have been opened and brought up.

Accordingly, the defendant, through D and E, destroyed the building owned by the victim (or the market price of KRW 21,850,000) and stolen the building wastes owned by the victim due to the market price.

Summary of Evidence

1. Protocols concerning the examination of suspect partially by the defendant;

1. Each investigation report [the defendant was lawfully entrusted by D to remove the factory building and dispose of wastes]

The crime is denied by asserting it.

However, according to each of the above evidence, it can be acknowledged that the defendant was not authorized to remove the above factory building owned by the victim company and dispose of waste, and there is no other evidence to reverse this, the defendant cannot be exempted from liability for the crime of destruction and larceny.

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;

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