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(영문) 대구지방법원 2018.11.22 2018고단3041
재물손괴
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who lives in a farming house immediately next to the victim C's site.

1. On March 27, 2018, the Defendant asserted that he/she was his/her own land at a time unexploited time, and removed a U.S. mission equivalent to approximately KRW 300,000,000 at the market price established on the land owned by the victim in an unexploited manner and

2. On April 16, 2018, the Defendant removed posts installed on the boundary line between the land in Yongcheon-si and the land owned by the Defendant and the land owned by the Defendant, thereby making it impossible to recognize the boundary of the said land.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (Submission of photographs of the complainants at the scene), on-site photographs;

1. Investigation report (Submission of a survey receipt) and the application of the Acts and subordinate statutes on receipts;

1. Relevant Article 366 of the Criminal Act, Article 370 of the Criminal Act, and the choice of fines for the crime; Article 366 of the Criminal Act, Article 370 of the Criminal Act, and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Fully considering the circumstances such as the fact that the defendant for the reason of sentencing under Article 62(1) of the suspended sentence under the Criminal Act recognizes the crime, the fact that the defendant agreed smoothly with the victim, the fact that the defendant has no record of criminal punishment, and other conditions of sentencing as shown in the record, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the sentence as ordered shall be determined.

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