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(영문) 서울북부지방법원 2018.04.20 2017고정2214
재물손괴
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who resides in Dongdaemun-gu apartment 102 Dong 208.

From November 15, 2016 to May 24, 2017, the Defendant received a request from the victim E to the person residing in the 108th floor below the following floor from the victim, and the apartment management office also received a request from the said apartment management office to “to provide cooperation so that water leakage can be resolved as soon as possible, so that water leakage can be confirmed,” but the Defendant’s management office did not confirm water leakage to the Defendant, and perform the repair work for water leakage detection and its repair because the water leakage number of the greenhouse water pipes installed in the said Washington did not reach the victim’s house, room, and bank, and damaged the victim’s property so that approximately KRW 12 million of the cost of repair work can be recovered.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Written statements and written certifications;

1. A report on investigation (execution of a warrant of search and inspection) and the site photo at the time of execution of a warrant;

1. Investigation report (the reporting on the hearing of statements by the operator of the detection of water leakage (G)

1. Investigation report, on-site investigation, and on-site photographs;

1. Contents of conversation between the complainant and the defendant's writing penology;

1. Investigation report ( telephone communications with facilities of apartment management office and employees in charge of electricity);

1. Written estimate;

1. Application of Acts and subordinate statutes governing apartment management rules;

1. Relevant Article 366 of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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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