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(영문) 울산지방법원 2013.12.09 2013고정232
재물손괴등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On December 11, 201, the Defendant damaged the property by using a dial and cutting machine, in order to correct the entrance door of the victim company attached to the said restaurant, from the 9th floor restaurant of the D building owned and managed by the victim C Co., Ltd. located in Jung-gu Seoul, Jung-gu to arbitrarily enter the said restaurant, the Defendant damaged it.

2. In order to exercise the right of retention at the date, time, at the place specified in paragraph (1), the Defendant: (a) arbitrarily occupied the said restaurant; (b) entered the said D building; and (c) destroyed the locks corrected at the entrance by the method specified in paragraph (1) in the manner described in paragraph (1); and (c) opened the entrance, and intruded on the said restaurant, which is the structure the victim manages by entering the said restaurant.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to locking equipment and photographs;

1. Article 319 (1) and Article 366 of the Criminal Act, Article 319 (1) and Article 366 of the same Act concerning facts constituting an offense, and the selection of fines;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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