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(영문) 인천지방법원 2021.02.24 2020고정2230
재물손괴
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 11, 2017, the Defendant is a person who is in charge of both the several representatives of the first floor underground of the Michuhol-gu Incheon Metropolitan City building B.

On December 6, 2017, the victim C Co., Ltd. filed a lawsuit for the delivery of the building against the lien holder who occupied the first floor underground of the building in Seoul High Court (Seoul High Court 2016Na 17318), along with the two representatives D and other owners of the above building, and won the judgment (Seoul High Court 2016Na 17318). On March 31, 2018, the above lien owner removed the above lien from the entrance, and then installed a wall by using the sand seat board before the entrance of the first floor, and put up a banner informing of this.

On January 2020, in order to allow E to perform funeral services on the first floor of the shopping mall above, the Defendant destroyed a panel equivalent to KRW 2.10,00,00,000 established by the victim without the consent of the injured party.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement F, police statements made by the police against D, such as photographs posted a flick card by the judgment of Seoul High Court 2016No. 17318 building delivery, etc., business photographs of the first floor underground, and the first floor closed construction drawings of the first floor underground;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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