Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

On August 2017, the Defendant: (a) carried out the removal of existing houses at the new construction site where the Defendant in Gwangjin-gu, Seoul was in progress; (b) destroyed the victim C’s house parking lot in contact with the said construction site so that the Defendant damaged the repair cost of KRW 2.40,000 to cover 56 sidewalk blocks installed at the victim C’s house parking lot.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Each investigation report by the prosecution (Listening to suspect's telephone statement, hearing victim's telephone statement);

1. On-site and damaged photographs, and photographs submitted by suspects;

1. Application of the Acts and subordinate statutes to boundary restoration surveying results;

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 asserts that the Defendant and his defense counsel did not intend to damage the victim’s news report block at the time of the instant case. However, in light of the progress of the instant construction work as seen earlier, the Defendant and the victim’s each land was adjacent to the bottom without fences, and the Defendant performed ground excavation work up to the boundary of the victim’s land by using heavy equipment, etc. during the construction of a new building. During that process, earth and sand of the victim’s land was washed out, and the victim’s news report block was destroyed and damaged, etc., the Defendant did not seek any understanding about the damages that the victim could suffer before the new construction work, and the Defendant did not move to another place within the victim’s news report block prior to the excavation work without any particular measures even if it was possible to prevent damage to the victim’s news report. In light of the progress of the instant construction work as seen in each of the above evidence.